About Arizona’s Implied Consent Law
Did You Refuse to Take a DUI Test in Phoenix?
When you obtain a driver’s license in the state of Arizona, you have
given your implied consent – as opposed to your express consent
– to submit to alcohol testing if you are pulled over on suspicion of
driving under the influence (DUI). “Implied consent,” in other words, means that you have consented
to breath, blood, or urine testing just by driving around.
Did you refuse to take a chemical test? Contact our Phoenix DUI attorneys
at (602) 842-6762.
The majority of states in the U.S. (if not all) have implied consent laws
on the books, but how you are punished if you break the law is what makes
the difference. In some states, refusing to submit to chemical testing
is a worse crime than the DUI itself. In Arizona, refusing to take an
alcohol test isn't necessarily worse, but it still results in serious
When you refuse to take a chemical test in Arizona, you could face:
- Automatic driver's license suspension
- Installation of ignition interlock device (IID)
- Mandatory enrollment in DUI classes
Penalties You Could Face for Refusing to Take a Test
In Arizona, refusing to submit to breath, blood, or urine testing will
result in immediate penalties. A first-time refusal could result in an
license suspension. A second refusal could result in a two-year suspension, and a third refusal
could result in a three-year suspension. Once you refuse to take the test,
the officer will confiscate your driver’s license and issue a temporary
permit—which is only good for 15 days. You could also still be arrested for DUI.
Methods of Dealing with Implied Consent
It would seem that Arizona's implied consent law is a means of getting
around the constitutional guarantees against unreasonable search and seizure
and self-incrimination, but courts have consistently ruled that implied
consent laws are legal. If you consented to alcohol testing and were subsequently
arrested for DUI, you may still have options.
Just because you failed a breath or blood test does not mean you are guilty.
It also doesn’t mean that the DUI arrest was lawful. A law enforcement
officer must have reasonable suspicion to pull you over, unless you are
caught in one of Arizona’s
DUI checkpoints. Even then, implied consent hasn’t been enough for prosecutors to
prove every driver’s guilt.
Contact Suzuki Law Offices, L.L.C. for a Free Consultation
Richard Suzuki, the founding attorney at Suzuki Law Offices, L.L.C., is
a former state and federal prosecutor. He has handled DUI cases on both
sides of the courtroom. Whether you were arrested for the first-time offense or a
repeat DUI offense, or you were charged with
extreme DUI for high blood alcohol content, our Phoenix DUI lawyers do all we can
to help you.
The prosecutor might believe that he or she has the evidence needed to
convict you, but this is not necessarily true. It all comes down to the
individual circumstances of your case.
Contact us today to learn more about your rights!