Arizona Revised Statute 28-1321(A) defines Arizona's implied consent
law. Just like in many other states, drivers in Arizona as obligated to
provide a certain level of cooperation when they are arrested for suspected
drunk driving. Statute 28-1321(A) outlines what this cooperation should
be in regard to the blood alcohol content (BAC) tests.
If a law enforcement officer has arrested you for reasonable suspicion
of drunk driving, then you are legally required to take a blood, urine,
or breathalyzer test to determine your BAC. These tests have to be taken
within two hours from when you were driving. Breathalyzer tests can usually
be taken right on the side of the road, but blood and urine tests need
to be administered by a medical professional at a nearby hospital.
If a driver refuses to take a BAC test, they will face penalties:
- First refusal: 1-year license suspension
- Second refusal: 2-year license suspension
- Third refusal: 2-year license suspension
Note that these suspensions are in addition to any administrative and criminal
penalties you might later incur as part of a DUI conviction. Simply put,
a BAC test refusal can only stand to make your DUI charge worse—even
if you are later acquitted.
"I've already refused—now what?"
If you have already refused a BAC test, then your arresting police officer
has seized your license and the state has been notified of your suspension.
You will be given a temporary 15-day license, but after that, your driving
privileges are officially suspended.
You can, however, request a hearing with the Motor Vehicle Division and
object to your DUI-related suspensions. It is advantageous to have proven
counsel by your side during these hearings and ensure that the best possible
argument is put forth in reinstating your driving privileges. Time is
of the essence, though, and swift action is needed to effectively reduce
these suspension times.
If you are facing a serious DUI charge, then skilled and dedicated counsel
is needed to resolve this matter as favorably as possible. At the
Law Offices of Trent R. Buckallew, PC, Attorney Buckallew is a Mesa Board Certified Criminal Defense Lawyer
who has helped countless clients navigate their DUI charges and arrive
at the best possible outcome of their cases.
Start protecting your future today with a Mesa DUI defense lawyer capable
of securing results. Request a
case evaluation today.