Arizona Implied Consent Law and Breathalyzer Test
Arizona has an “implied consent” law requiring someone to submit to a blood, breath, or urine test if lawfully arrested for DUI.
However, the arresting officer must have reasonable grounds to believe the driver has been driving under the influence of drugs or alcohol. Even though the officer must administer the test within two hours, the officer does get to choose which test the driver takes.
Submitting to Breathalyzer Test in Arizona
Even if you weren’t driving, an officer can ask you to submit to a chemical test. So long as you had actual, physical control of the vehicle while under the influence, the officer can arrest you and require you to take the test.
You are likely to be found to have actual, physical control of a vehicle if the car is on and you could cause it to move.
This means pulling to the side of the road to sleep can result in a DUI charge if you left the motor running to keep the air conditioner or radio on.
Refusing to Test
If you refuse to take the test, you will have to surrender your license to the officer and he or she will file a report to suspend your license or permit for 12 months.
However, if you change your mind and submit to the test, this initial refusal will not result in these consequences.
In that situation, you need to explicitly tell the officer you have changed your mind and agree to take the test.
Surrendering your License
If you do refuse the test, you will need to surrender your driver’s license. However, you will get a temporary driving permit that is valid for 15 days.
Your refusal will go into the officer’s report and your license suspension will last a year if this is your first refusal.
If you’re facing DUI charges in Tucson or Phoenix, Thrush Law Group can help. Our team of skilled trial lawyers provides quality representation to persons who have been accused of crimes.