AZ DUI Test Refusal Consequences [Infographic]
Arizona drivers have the legal right to refuse a DUI test when authorities suspect that the driver has been operating the vehicle under the influence.
However, the mere fact that drivers have a legal right to refuse a Breathalyzer or similar test does not mean the refusal is free from legal ramifications.
Arizona Drivers Give "Implied Consent" to DUI Tests
Arizona law states that a precondition of obtaining a driver's license is that the driver gives "implied consent" to submit to a DUI breath, blood or urine test.
When a driver refuses to acquiesce to a DUI test based on a police officer's reasonable suspicion, the driver will be in violation of the state's implied consent agreement that was signed by a lawful driver at an Arizona DMV.
Legal Consequences for Refusing an Arizona DUI Test
Refusing an Arizona DUI test can receive a 1 year driver's license suspension for a 1st offense, or a 2 year suspension for a 2nd or subsequent offense.
As such, refusing to take a DUI test is generally more severe than a 1st offense DUI conviction, which is compounded by the fact Arizona defendants can still be convicted for an Arizona DUI even when a DUI test is refused.
If you’ve been charged with a DUI, get the proper representation and the best possible defense with an experienced DUI attorney in Phoenix at Tyler Allen Law Firm.