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Understanding Arizona’s Implied Consent Law

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.

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