Arizona Implied Consent Law

If you’ve ever been pulled over for DUI, you know the drill. The cops will ask you if you’ve been drinking. They’ll also ask you to submit to a breathalyzer test so they can measure your BAC (blood alcohol concentration). If you fail that test, or refuse to take it, they’ll ask you to perform a field sobriety test. Your Arizona criminal attorney knows that, by the time they’ve asked you to do this, they have a good reason to suspect that you’re under the influence of drugs or alcohol. They just to confirm this in order to arrest you and take you to jail. What a lot of people don’t realize is that the State has a right to demand these sorts of tests. That’s because of the implied consent laws in Arizona.

How Does the Implied Consent Law Affect Drivers in Arizona?

If you choose to drive on Arizona roads and highways, you give implied consent to a variety of things. First, you’ll be required to provide a police officer with your license and registration when you’re pulled over. If you’re pulled for suspicion of DUI, then the cops will ask you to take a breathalyzer test. This is included in the implied consent laws. Even if you aren’t aware of this law, you’re still required to follow it.

Drivers in Arizona are Required to Provide Certain Information When They’re Pulled Over

Like most other states, Arizona has an implied consent law for drivers. Once you accept a driver’s license in Arizona, you basically agree to submit to a chemical test when pulled over. This includes a breathalyzer, a blood test or a urine test. Most of the time, the officers are going to ask you to take a breathalyzer test during the traffic stop. If your blood alcohol concentration is greater than .08, you’ll be arrested for DUI. If you refuse the breathalyzer, they can still take you to the hospital and submit to a blood or urine test. There’s nothing your Arizona criminal attorney can do to stop this.

You Can Refuse to Take a Breathalyzer Test

While the implied consent law does require you to submit to certain chemical tests, you can refuse to comply. Just make sure you understand there are serious consequences if you do this. If the cops pull you over and suspect you’re driving under the influence, they’re going to ask you to take a breathalyzer. If you know you won’t pass the test, you can refuse the breathalyzer. If it’s the first time you’ve refused this test, your license will be suspended for a period of one (1) year. Subsequent refusals can lead to even longer suspensions. This is on top of whatever penalties you’ll receive if you’re convicted of DUI. That’s why it’s important that you think long and hard before refusing the test.

Contact an Arizona Criminal Attorney Right Away

If you’ve been arrested and charged with DUI, you will need a good lawyer. It is possible to fight the charges. You just need an experienced Arizona criminal attorney there to make that happen. If you refused the breathalyzer, there are certain penalties that will be assessed. There isn’t a lot your attorney can do about that. However, they can work with the prosecutor to get your charged reduced or dismissed.

What you should do is call and talk to one of our skilled Arizona criminal attorneys right away. You’re going to have to appear before a judge within days of your arrest. It’s better to have an experienced lawyer by your side when you do this. Call and schedule your initial consultation with our office today.