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Can Someone Refuse A Breath Test / Breathalyzer in Arizona?

Many drivers think that it is a good idea to refuse a breath test when stopped on suspicion of DUI by a police officer. However, the reality is that refusing a breath test in Arizona will cause more harm than good. Arizona is an Implied Consent State, which means that anyone stopped on suspicion of driving under the influence has to agree to submit to a breath test, whether or not they have been driving drunk. Lot of people feel insulted when police ask them questions or ask them to submit to an alcohol breath test.

In the state of Arizona, a driver does not have to legally submit to the Breathalyzer until the officer has a warrant. However, if they say no, they wouldn’t be happy with the outcome. Refusing to take a breath test in Arizona will result in their driver’s license to be taken away for at least one year. Even if the person is not convicted of the DUI, simply refusing the breath test will lead to a suspension of their driver’s license.

Arizona’s Implied Consent Law is defined under section 28-1321(A) of the Arizona Revised Statute. Refusing to take a breath test will result in the following:

  • 1st Offense refusal to take the breath test will result in a 1 year suspension of their driver’s license
  • 2nd Offense refusal to take the breath test within 7 years of a previous one will result in a 2 year suspension of their driver’s license
  • 3rd Offense refusal to take the breath test within 7 years of a previous one will also result in a 2 year suspension of their driver’s license

Once the driver’s license is taken away by the officer, they will be issued a temporary driving permit which will be good for 15 days. The state will notify them about the suspension and they will be presented forms which they can use to challenge the suspension. A hearing must be requested within 15 days of the issuance of the notice. This hearing is important because without a license, you will not be able to travel to and from work. You will also need someone to drive you around, even to visit the police station while you wait for your license to be reinstated.

The hearing has to be requested with the Motor Vehicles Division (MVD) to fight the license suspension immediately. You can also discuss whether the arresting officer had reasonable grounds to believe you were driving under the influence at the hearing. If you feel that the arresting officer did not have grounds or reason to test you, you can contest that at the hearing. Therefore, it is imperative that you act quickly and seek counsel from an experienced DUI defense attorney in Phoenix, Arizona. Call the Law Offices of Brian D. Sloan at 480-900-0384 or 602-900-0384 for a Free Initial Consultation if you are facing a DUI charge in Arizona.

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AZ DUI Defense Lawyer Brian Douglas Sloan
  • 13+ Years SOLELY Focused on DUI Defense
  • Represented 2,600+ DUI Clients
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