This is an appeal from a judgment by the superior court denying special action relief. We accept jurisdiction under Rule 8(a), Rules of Procedure for Special Actions, 17A A.R.S. The facts in this case are as follows. Laurence Gillette was involved in an accident on August 4, 1982. He was injured and transported to Tucson Medical Center. The police officer responded to the hospital and, having read Gillette his Miranda warnings, asked him three times if he would take a blood test. Each time he refused the test. At this time the police officer asked the attending physician if he would be taking any blood from Gillette. When the physician responded in the affirmative, the police officer requested that he be given some of the blood. The physician agreed and the lab attendant drew blood and gave the sample to the police officer. A motion to suppress the evidence of the blood test was granted. The state took a special action from this judgment and when the special action relief was denied, this appeal was taken.