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Can I refuse to take a breath or blood test?


If you are arrested for a DUI in Arizona, you are required by law to take a blood, breath or urine test. In most situations, you cannot be forced to take the test if you refuse. However, the “implied consent” law in Arizona says that if an officer arrests you because he or she has reasonable grounds to believe that you have been driving under the influence, you are essentially consenting to taking the chemical test for the purpose of determining your blood alcohol content (BAC). This test must be completed within 2 hours of when you were last driving.

If you refuse to take the test, the officer who arrested you will get a warrant from the court within a few minutes and then take your blood without your consent. He will then demand that you surrender your driver’s license.

For your first refusal to take the breath or blood test, your license will be suspended for 1 year. For subsequent refusals that occur within 7 years of each other, the suspension will last for 2 years. Once the first 90 days of the suspension are over, you can apply for a limited use license.

In most cases, it doesn’t help your case to refuse to take the blood, breath or urine test when you are arrested for DUI because they are going to take it anyway with a warrant. The consequences for refusing to take the test are much more severe than the consequence for a DUI conviction.

The best thing you can do when contemplating whether or not to comply with or refuse the BAC test is to contact an attorney. Discussing your rights and options with someone who has experience defending DUI cases will help you make the best decision.

Call Naegle & Crider Criminal Defense Attorneys for a consultation with experienced DUI attorney Charlie Naegle. His priority will be to help you get the best possible outcome for your case.

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