Perez

MEMORANDUM **

Petitioner Fermín C. Perez appeals the district court’s order denying his petition for a writ of habeus corpus following his state court conviction of one count of aggravated driving under the influence of intoxicating liquor (DUI). See 28 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 28 U.S.C. § 2253 . We affirm.

I.

On September 21, 1993, a Pima County deputy sheriff stopped Petitioner for speeding. Following field sobriety tests, the deputy placed Petitioner under arrest and advised him of his Miranda rights. Petitioner immediately requested an attorney. When asked if he would submit to a chemical sobriety test, Petitioner replied that he would take a blood test but wanted an attorney present during the test. The deputy informed Petitioner that he did not have the right to have an attorney present during the test, but could telephone an attorney. Petitioner continued to insist on having his attorney present for the blood test. Interpreting Petitioner’s insistence as a refusal to submit to the test, the deputy transported Petitioner to the Pima County Jail and read Petitioner the Arizona Implied Consent affidavit. The affidavit informed…