Individual states have taken the precaution against people resisting blood
alcohol content (BAC) tests if they are suspected of driving under the
influence (DUI) by passing what are called “implied consent”
laws. Arizona’s implied consent law states that if a person is lawfully
arrested by an officer who has reasonable grounds to believe he or she
was driving under the influence of drugs or alcohol, then he or she automatically
consents to take a chemical test of their blood, urine, or breath to determine BAC.
According to the same law, the test must be given within 2 hours of when
a person was driving, and the arresting officer gets to choose which test
they take. Likewise, people don’t necessarily need to be driving
to be required to submit to the tests. If a person has physical control
of a vehicle while drunk, that could be enough for an officer to arrest
them and require the test. For example, if you are sitting behind the
wheel and the car is on but not moving, you could still be arrested for a
Because these laws are in place, people do not have the option of resisting
the test without punishment. For example, if you are arrested and refuse
to take the test, even if you’re sober, the officer will require
you to surrender your license and will file a report that will result
in the state suspending your license or permit for at least 1 year. If
you refuse and then change your mind, you can take the test with no consequences
for your initial refusal, but you need to tell the officer you will now
consent to take the test. Failure to state clearly that you agree to take
the test will be treated as a refusal. Subsequent refusals will also increase
the amount of time your license will be suspended. A 2nd or 3rd refusal, for example, can both lead to a 2-year suspension of your license.
If you’re facing a DUI charge, you need an experienced
Mesa criminal defense attorney on your side. Naegle & Crider Criminal Defense Attorneys can help.
Our lawyers have earned a reputation for being fierce advocates who are
passionate about defending our clients’ freedom. Let us see what
we can do for you.
at (480) 418-0776 or fill out our online form to schedule a free confidential