In Arizona, Can I Refuse to Take a BAC Test During a DUI Stop?
Jun 17, 2022
The laws regarding a person’s requirement to submit to an official BAC test differ from state to state. In Arizona, if you have been pulled over by the police, can you (or should you) refuse to submit to a test of your breath, blood, or urine? Arizona has some of the strictest DUI laws in the nation. If you get pulled over by the police and they suspect that you are under the influence of alcohol, drugs (illegal or prescription), or other substance, you will be placed under arrest and taken into custody where the police will request that you submit to a test of your breath, blood, and/or urine to measure your level of intoxication. The type of test you must do is completely at the discretion of the officer. He could technically request that you submit to all three. Most people faced with this situation don’t know their rights and the consequences if they choose to refuse. Under Arizona’s “implied consent” law, anyone who drives, or who has a driver’s license, has already agreed to only drive while obeying all traffic laws. Thus, if you are arrested for suspicion of DUI you have already agreed under that law to submit to a breath, blood, and/or urine test upon a request from police. Even though the law states that by driving you have provided this consent, you technically still have the right to refuse. However, this refusal comes with severe consequences. Some people misunderstand and think that if they refuse the police won’t be able to collect proof to use against them in court. This is incorrect. Under Arizona law, if you refuse ANY of those tests after being taken into custody, the police will request a warrant from a court allowing them to conduct the test anyways. In order to obtain a warrant, the officer must prove that there is probable cause to believe that you are DUI. To get the warrant they will list any alleged bad driving they observed, any admissions you made to drinking or taking a drug, any scent of alcohol or drug they allege they could smell, the results of the field sobriety tests, and your refusal to submit to the tests. It is extremely rare for an Arizona court to deny a DUI warrant. Thus, if you refuse, the police will get a warrant that will allow them to conduct the test(s) anyways and obtain the samples. In addition, because of the refusal, you will lose your driver’s license for ONE YEAR. Yes, that is correct, if you refuse any test under those circumstances your ability to drive will be completely suspended for one year. Even if your license is not from Arizona, the one-year suspension will be entered into a national registry and your licensing state will be notified. Therefore, it may not be in your best interest to refuse these tests.There is one exception regarding your right to refuse a breath test. If you have been pulled over and are suspected of DUI, police will have you exit your car for further investigation. The period between you being stopped by police and before you have been placed under formal arrest is what is commonly called “investigative detention”. If you are under investigative detention and have not been placed under arrest, if the officer asks you to perform a breath test into one of their portable breath testing devices on the side of the road, you do have the right to refuse that test without suffering the one year suspension of your driving privileges.If you have been charged with DUI and refused to conduct these tests during your investigation you still have the right to contest the suspension with Arizona MVD. If the officer serves you with the appropriate MVD (Admin Per Se/Implied Consent) form, you have 15 days to request a hearing. Once you request the hearing the suspension is placed on pause until the hearing takes place at which time it is up to the administrative law judge to decide whether to uphold the suspension.The attorneys at Oliverson Law DUI & Criminal Defense have handled thousands of DUI cases from every side of the criminal justice system. We are former prosecutors, police officer, and judge. We know how to effectively and aggressively represent you with MVD and in court to get you the best possible results.
Contact us today at (480) 582-3637 for a free consultation!
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Can I get a free consultation with a criminal defense lawyer near me?
You can get a free consultation with a criminal defense lawyer near you. Many law firms, including Oliverson Law, offer complimentary consultations to discuss your case and outline potential legal options.
What is the role of a criminal defense lawyer near me?
The role of a criminal defense lawyer near you is to provide legal representation and guidance for individuals facing criminal charges, ensuring their rights are protected, advocating for favorable outcomes, and navigating the complexities of the legal system.
What are the benefits of hiring a local DUI defense lawyer?
The benefits of hiring a local DUI defense lawyer include their in-depth knowledge of Arizona laws, familiarity with local courts and judges, and the ability to build a tailored defense strategy based on the specifics of your case.
What are the qualities of a good criminal defense lawyer near me?
The qualities of a good criminal defense lawyer near you include extensive legal experience, a strong understanding of local laws, excellent communication skills, a proven track record of successful outcomes, and a commitment to protecting clients' rights and interests.
How do I find a DUI defense lawyer near my location?
To find a DUI defense lawyer near your location, search online legal directories, check local bar association referrals, or look for client reviews on law firm websites. Additionally, consider reaching out to friends or family for recommendations.
How do I find a good criminal defense lawyer near me?
Finding a good criminal defense lawyer near you involves researching local attorneys, checking reviews and testimonials, and evaluating their experience with specific criminal charges. Schedule consultations to assess their approach and expertise.
How do I choose the best criminal defense lawyer near me?
Choosing the best criminal defense lawyer near you involves researching their experience, specialization in criminal law, client reviews, and success rates in similar cases. Schedule consultations to assess their communication style and approach to your specific legal needs.
Do I need a DUI defense lawyer for a first-time offense?
The necessity of a DUI defense lawyer for a first-time offense is essential. An experienced attorney can navigate the legal system, advocate for your rights, and potentially mitigate consequences, ensuring the best outcome for your situation.
Can a DUI defense lawyer help me keep my license?
A DUI defense lawyer can assist you in retaining your license. They can navigate the legal process, challenge evidence, and potentially negotiate alternatives to suspension, helping protect your driving privileges.
What are the benefits of hiring a criminal defense lawyer?
The benefits of hiring a criminal defense lawyer are substantial, as they provide expert legal representation, navigate the complexities of the justice system, and work to secure the best possible outcomes for your case, safeguarding your rights throughout the process.
What is the role of a criminal defense lawyer in court?
The role of a criminal defense lawyer in court is to represent and advocate for individuals accused of crimes, ensuring their legal rights are protected, presenting evidence, negotiating plea deals, and striving for the best possible outcome in their cases.
Can a criminal defense lawyer help with plea bargaining?
A criminal defense lawyer can significantly assist with plea bargaining. They leverage their legal expertise to negotiate favorable terms and ensure that clients understand the implications, ultimately striving for the best possible outcome in their case.
What are the qualities of a successful criminal defense lawyer?
The qualities of a successful criminal defense lawyer include strong analytical skills, effective communication, a deep understanding of the law, and a commitment to client advocacy. These traits enable them to formulate effective defense strategies and achieve optimal outcomes for their clients.
What are the benefits of hiring a local criminal defense lawyer near me?
The benefits of hiring a local criminal defense lawyer include their in-depth knowledge of local laws and court procedures, which can significantly influence case outcomes. They also have established relationships with local judges and prosecutors, potentially aiding in more favorable negotiations.
What can I expect during my consultation?
During your consultation, you can expect a thorough discussion of your case, where our experienced attorneys will assess the details of your situation, answer your questions, and outline potential strategies to achieve the best outcome for you.
How long does a DUI case take?
The duration of a DUI case can vary significantly based on factors such as the complexity of the case and court schedules, but generally, it can take anywhere from a few months to over a year to resolve.
What should I prepare for my consultation?
Preparing for your consultation involves gathering relevant documents, such as any police reports, court documents, and a list of questions or concerns you wish to address. This will help ensure a productive discussion about your case.
What is the process for hiring a lawyer?
The process for hiring a lawyer involves researching potential candidates, arranging consultations to discuss your case, evaluating their experience and approach, and finally signing a retainer agreement to secure their representation.
What strategies do lawyers use for DUI cases?
Lawyers use various strategies for DUI cases, including challenging the legality of the traffic stop, questioning evidence reliability, negotiating plea deals, and leveraging expert testimonials to create reasonable doubt about the client’s impairment.
How often should I communicate with my lawyer?
The frequency of communication with your lawyer should be based on your case's complexity and development. It's essential to maintain regular updates, typically checking in at least once a week or as significant events arise.
What types of charges can a lawyer contest?
Lawyers can contest a wide range of criminal charges, including DUI offenses, drug crimes, assault, theft, domestic violence, and more. Each case varies based on specifics, allowing for strategic defense approaches tailored to the situation.
Are there payment options for legal services?
Payment options for legal services are available at Oliverson Law. We offer flexible plans to accommodate various financial situations, ensuring you receive the quality defense you need without added stress.
How do I know if a lawyer is qualified?
Determining if a lawyer is qualified involves checking their education, experience in specific legal areas, licenses, and any relevant accolades or certifications. Additionally, reading client reviews and testimonials can provide insight into their effectiveness and reputation.
What happens if I cant afford a lawyer?
If you can't afford a lawyer, you may be eligible for legal aid services or public defenders that provide representation at little or no cost. It’s important to seek assistance promptly to ensure your rights are protected.
How does a lawyer build a defense strategy?
A lawyer builds a defense strategy by thoroughly investigating the case, analyzing evidence, identifying legal precedents, and considering client interests to construct a tailored approach that aims for the best possible outcome in court.
What should I look for in a defense attorney?
What to look for in a defense attorney includes their experience in criminal law, successful case history, communication skills, and a strong reputation. Ensure they understand your specific needs and provide personalized attention throughout your case.
Can previous convictions affect my case outcome?
Previous convictions can significantly affect your case outcome. They may lead to harsher penalties, affect plea negotiations, and influence a judge's or jury's perception during trial. It's essential to discuss your specific situation with an experienced attorney.
What are common defenses against DUI charges?
Common defenses against DUI charges include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or field sobriety tests, and arguing diminished capacity due to medical conditions or medications.
How do local laws impact my defense?
Local laws significantly impact your defense strategy. Each jurisdiction has unique regulations and penalties, which can influence case outcomes, available defenses, and plea negotiations. Understanding these local nuances is crucial for effective representation and achieving the best results.
What happens if I lose my case?
If you lose your case, the consequences can vary depending on the charges, but you may face penalties such as fines, probation, or imprisonment. It's essential to discuss your options with your attorney for possible appeals or alternative solutions.
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