Am I required to Take a Chemical Test to Check My BAC in AZ?
So, you have been suspected of driving while under the influence of drugs or alcohol in Arizona. Police ask you to take a chemical test to reveal your blood alcohol content (BAC). This can be done with a blood, breath, or urine test. Arizona uses the Implied Consent Law, which basically says that if you are behind the wheel, you have agreed to take a chemical test. If you have a license in Arizona, you have agreed to be checked for DUI.
While you can technically still decline a test, your license will be suspended for at least a year if you don’t take the test. If you do take the test and the reading is high enough to say you are legally intoxicated, which is .08 percent, you will have your license suspended anywhere from 30 days to 90 days. That is less than you would get for refusing the test even if you are not drunk. After there has been an investigation on the street, you will usually be taken to a test site or to the police station to be checked. Depending on the officer and the department, you might be offered a breath test or a blood test.
What Kinds Of DUI Charges Are Allowed By Arizona Law?
If the test reveals that your BAC is less than the legal limit of .08 percent, you might not face DUI charges. If you are still charged, your Arizona DUI attorney might be able to have your charges dismissed. The BAC revealed in the test will determine what kind of DUI charges you are facing based on Arizona law. When testing reveals you have a BAC of .08 percent to .14 percent, you are charged with DUI and DUI with a BAC over .08 percent. If the test reveals you have a BAC of .15 percent or higher, you will face charges of DUI, DUI with a BAC of more than .08 percent, and extreme DUI.
What Do Arizona Laws Say Happen After I Have Taken My DUI Test?
After you have taken the Arizona DUI chemical test, the police officer might give you a form that asks you if you want to waive a sample or preserve a sample of your test. You should never waive your sample. If you have been given this choice, ask for a sample of your test to be preserved. When you are released from police custody, you should immediately call your physician or go to a lab or hospital to arrange your own test to measure BAC. If the independently drawn test shows a BAC that is lower than the test done by the police, you can use it as part of your defense in court. If the second test shows a BAC that is the same or even higher, you don’t have to give the prosecutor that information because it could be used against you.
Can I Request A Hearing To Keep My Driver’s License Based on Arizona Law?
If you want to keep your driver’s license, you have 15 days to ask for a hearing with the Motor Vehicle Division. You will be given a form called the Implied Consent Affidavit explaining the process and your rights when your license is taken by the police officer. There is a paragraph on this document that tells you how to request a hearing. When charged with DUI in Arizona, you should consult with an Arizona DUI attorney so you can ensure your rights are protected and that you are treated fairly. AN attorney will interview the arresting officer, gather documentation and evidence, prepare motions, and negotiate your case with the prosecutor. Schedule your case evaluation today.