Can You Refuse a Breathalyzer in Arizona?
Discussion of Can you refuse a breathalyzer in Arizona?
Considering refusing a breathalyzer test in Arizona? While you technically have the right to refuse a DUI breathalyzer, blood, or other chemical tests, it’s important to understand the potential consequences. Under Arizona’s Implied Consent Law, your refusal can result in an automatic license suspension. For a first-time refusal, expect a one-year suspension; for a second or third refusal within seven years, brace for a two-year suspension. Refusing a test without a warrant is only permissible if no valid exceptions apply, such as exigent circumstances or the officer’s reasonable belief that you’ve committed a DUI offense.
To fully comprehend your rights and the implications of refusing a breathalyzer in Arizona, consult with an experienced DUI attorney who can guide you through the complexities of the law.
If you’re pulled over on suspicion of driving under the influence (DUI) in Arizona, you may be wondering whether you have the right to refuse a breathalyzer test. In this blog, we’ll discuss the legal implications of refusing a breathalyzer in Arizona and how the experienced criminal defense team at Chelle Law can help you navigate the potential consequences. How long do you lose your license for DUI in Arizona?
Implied Consent Law in Arizona
Arizona has an implied consent law, which means that by holding a driver’s license and operating a motor vehicle in the state, you automatically consent to submit to a breath, blood, or urine test if an officer has reasonable grounds to believe you’re driving under the influence. This law applies not only to alcohol-related DUIs but also to those involving drugs or other intoxicating substances. Can a lawyer get you out of a DUI in Arizona?
Consequences of Refusing a Breathalyzer Test in Arizona
Arizona’s Implied Consent Law, tucked away in section 28-1321(A) of the Arizona Revised Statute, could have significant consequences for those who refuse a breath test. Here’s what you need to know:
- First-time refusal: If you decline a breath test for the first time, prepare for a one-year suspension of your driver’s license.
- Second-time refusal: Should you refuse a breath test again within seven years of a previous one, brace yourself for a two-year license suspension.
- Third-time refusal: A third refusal within seven years of a previous one will also lead to a two-year suspension of your driver’s license.
But wait, there’s more! When an officer confiscates your driver’s license, you’ll be given a temporary driving permit valid for 15 days. Expect the state to notify you about the suspension and provide forms for contesting it. Keep in mind, you must request a hearing within 15 days of receiving the notice.
Why is this hearing crucial? Without a valid driver’s license, commuting to and from work becomes a challenge, and you’ll need to rely on others for transportation—even for routine tasks like visiting the police station. Don’t let the Implied Consent Law disrupt your life; stay informed and be prepared!
Weighing the Pros and Cons of Refusing a Breathalyzer Test
In some cases, refusing a breathalyzer test might seem like a viable option, particularly if you believe the results may lead to a DUI conviction. However, it’s crucial to weigh the potential benefits and drawbacks before making a decision:
Pros:
- Breathalyzer results might not be used as direct evidence against you in court.
- Breathalyzer tests can sometimes produce inaccurate results, so refusing the test might prevent potential inaccuracies from impacting your case.
Cons:
- Officers may obtain a warrant for a blood test, which can provide more accurate and incriminating evidence.
- Your refusal may be used against you in court as evidence of guilt.
- You could still face license suspension if found guilty of DUI.
How Chelle Law Can Help If You Refuse a Breathalyzer Test in Arizona
If you’ve refused a breathalyzer test in Arizona, it’s essential to contact an experienced criminal defense attorney as soon as possible. The team at Chelle Law can help you:
- Understand the legal implications of refusing a breathalyzer test and the potential consequences you may face.
- Evaluate the evidence in your case and determine the best course of action for your defense.
- Negotiate with the prosecution for a favorable plea deal or reduced charges, if applicable.
- Advocate for your rights in court, presenting a strong defense and challenging the prosecution’s case.
While you have the right to refuse a breathalyzer test in Arizona, doing so comes with potential consequences, including the possibility of a blood test, which can provide stronger evidence against you. The experienced Scottsdale DUI Attorneys at Chelle Law can help you navigate the legal process and work to achieve the best possible outcome in your case. Contact us today for a free consultation and let our expertise guide you through this challenging situation.
Relevant Links for an Arizona DUI
Arizona Department of Transportation (ADOT) – DUI Laws and Penalties: This page provides information on Arizona’s DUI laws, penalties, and license suspensions, including penalties for extreme DUI. Link: https://azdot.gov/motor-vehicle-services/driver-services/dui-laws-penalties
Arizona Revised Statutes (ARS) – Title 28, Chapter 4: This section of the Arizona Revised Statutes covers DUI and related offenses, including extreme DUI and possible reductions. Link: https://www.azleg.gov/arsDetail/?title=28
Arizona Department of Public Safety (DPS) – Impaired Driving: This page offers information about the consequences of impaired driving and efforts to reduce DUI incidents in Arizona. Link: https://www.azdps.gov/safety/impaired-driving
National Highway Traffic Safety Administration (NHTSA) – Drunk Driving: The NHTSA provides resources and information about drunk driving, including statistics, prevention, and enforcement strategies. Link: https://www.nhtsa.gov/risky-driving/drunk-driving
Mothers Against Drunk Driving (MADD) – Arizona: MADD is a non-profit organization dedicated to ending drunk driving, supporting the victims of drunk driving, and preventing underage drinking. The Arizona chapter’s website provides local resources and information. Link: https://www.madd.org/arizona/
Is AZ a zero tolerance state?
Arizona enforces a zero-tolerance policy for driving under the influence, particularly for drivers under the age of 21. In this state, individuals aged 21 and older can be charged with a DUI if their Blood Alcohol Concentration (BAC) is 0.08% or higher. However, the rules are stricter for drivers under 21, as they can face DUI charges if their BAC is 0.02% or higher, reflecting Arizona’s commitment to preventing impaired driving among young drivers. The zero-tolerance policy aims to promote road safety and deter drivers from operating vehicles while intoxicated, regardless of their age.
How long is probation for a DUI in AZ?
In Arizona, probation for a DUI conviction can last up to five years, depending on the severity of the offense and the discretion of the court. Probation typically includes various conditions, such as attending alcohol education classes, abstaining from alcohol, and submitting to regular drug and alcohol testing. Additionally, most DUI convictions in Arizona require the installation of an ignition interlock device in the offender’s vehicle, which ensures the driver is sober before starting the car. The duration of the ignition interlock requirement varies based on the specific DUI offense and any prior convictions. Overall, the length and conditions of probation aim to promote responsible driving habits and deter future DUI offenses.
