What Happens If I Refuse a Breathalyzer in Arizona — Immediate MVD Suspension, Warrants, and Court Fallout
In Arizona, refusing a post‑arrest breath or blood test triggers an automatic driver‑license suspension of 12 months (or 2 years with a prior) under ARS 28‑1321. You get a 15‑day temporary permit, can request an MVD hearing within 15 days, and officers often obtain a warrant for your blood anyway.
Key takeaways if you refused testing
Arizona’s implied consent law, ARS 28‑1321, requires drivers arrested for DUI to submit to a breath, blood, or urine test chosen by the officer. If you refuse after being properly advised, the Arizona Motor Vehicle Division (MVD) will suspend your license for 12 months (24 months with a prior refusal or admin per se in the past 84 months). This suspension is separate from any criminal DUI case and starts on day 16 unless you request an MVD hearing within 15 days.
Refusing does not stop evidence collection. Officers in Phoenix, Mesa, Tempe, Chandler, and across Maricopa County routinely obtain telephonic search warrants under Arizona Rule of Criminal Procedure 41. After a warrant issues, police may compel a blood draw. The U.S. Supreme Court’s decision in Birchfield v. North Dakota and Arizona cases like State v. Butler and State v. Valenzuela confirm that, absent a warrant or true voluntary consent, a blood draw is unconstitutional—so good defense work often focuses on challenging consent and warrant validity.
At the roadside and station, you will be served with an Admin Per Se/Implied Consent Affidavit, your physical license will be seized, and you will receive a pink 15‑day temporary permit. The civil (MVD) case examines four narrow issues: reasonable grounds to believe DUI, a lawful arrest, whether you were properly advised of implied consent consequences, and whether you refused. The standard is preponderance of the evidence, and the hearing occurs at the MVD Executive Hearing Office, commonly in Phoenix.
Criminally, the prosecutor may still charge DUI under ARS 28‑1381(A)(1) (impairment to the slightest degree) and potentially 28‑1381(A)(2), 28‑1382 (Extreme), or 28‑1383 (Aggravated) if a warrant blood result exists or other evidence supports impairment. Jurisdictions include Phoenix Municipal Court, Mesa Municipal Court, Tempe Municipal Court, Chandler Municipal Court, and Maricopa County Justice Courts, with felony cases proceeding in Maricopa County Superior Court.
If you refused in Arizona, act fast: request the MVD hearing before day 15, preserve video and body‑cam evidence, and consult a DUI lawyer in Arizona who knows how to attack the implied consent admonitions, the “refusal” finding, and any warrant or consent issues.
How Arizona handles refusals at the roadside and station
Most DUI refusals begin with a stop, field sobriety tests, and a preliminary breath test used for screening. After an arrest, the officer chooses the evidentiary test—often breath on the Intoxilyzer or a blood draw. Before declaring a refusal, the officer must read the implied consent admonition that refusal causes a 12‑ or 24‑month suspension. Arizona courts require that the admonition be reasonably accurate and understood. When drivers equivocate, demand attorneys, or remain silent after clear admonitions, officers often mark a refusal.
If you refuse, the officer completes the Admin Per Se/Implied Consent Affidavit, serves it on you, and forwards it to MVD. Your license is seized and replaced by the 15‑day permit. In many agencies throughout Maricopa County, the officer simultaneously seeks a search warrant. Once a judge signs it—frequently by phone—the officer may obtain a phlebotomy blood draw at a substation, hospital, or DUI van. That means you can suffer the civil suspension and still face a blood‑based criminal DUI.
These steps matter because they create multiple defense lanes: contest whether the admonition was properly given, whether your response was truly a refusal, whether the stop and arrest were lawful, whether consent (if claimed) was voluntary under State v. Valenzuela, and whether the warrant lacked probable cause or was executed improperly. Success on any one issue can save your license, your case, or both.
Statutes, penalties, and MVD procedures
Implied consent and refusals: ARS 28‑1321 requires testing after a lawful DUI arrest. A refusal triggers a 12‑month suspension for a first refusal or a 24‑month suspension with a prior refusal/admin per se within 84 months. You must request an Executive Hearing Office hearing within 15 days of service to contest it. The hearing officer decides whether the officer had reasonable grounds, whether you were arrested, whether you were properly advised, and whether you refused. If sustained, you face mandatory alcohol screening prior to reinstatement.
Admin per se vs. refusal: If your test result is 0.08 or higher, Arizona imposes a 90‑day admin per se suspension (30 days no driving, then 60 restricted), separate from any refusal suspension. A refusal is harsher but sometimes improves the criminal trial posture. Each path may be litigated at MVD and in court.
Criminal DUI charges: Prosecutors commonly file ARS 28‑1381(A)(1) (impairment), 28‑1381(A)(2) (0.08+ within two hours), 28‑1382 (Extreme at 0.15+ and Super Extreme at 0.20+), or 28‑1383 (Aggravated DUI for license violations, child under 15, or third DUI in 84 months). Mandatory jail, fines, and ignition interlock under ARS 28‑3319 and ARS 28‑1461 can apply upon conviction, even if the refusal stands. Penalties escalate with priors and alcohol levels.
Warrants and consent: Arizona uses Rule 41 search warrants, often telephonically, to obtain blood after a refusal. Under State v. Butler and McNeely, the state must show a warrant, exigency, or voluntary consent; State v. Valenzuela emphasizes voluntariness and the effect of advisements. If a warrant was defective or consent was coerced, suppression may follow—sometimes leading to dismissals or favorable pleas.
Restricted licenses and interlock: After a refusal suspension begins, you may be eligible for a Special Ignition Interlock Restricted Driver License (SIIRDL) for the remaining months after the first 90 days if you install a certified interlock and meet statutory conditions under ARS 28‑1401 et seq. Eligibility depends on record status and compliance. Separate interlock terms may be ordered if convicted of DUI.
Where cases are heard: In Maricopa County, misdemeanor DUIs are prosecuted in Phoenix, Mesa, Tempe, Chandler, Glendale, and other city or justice courts. Felonies go to Maricopa County Superior Court. Knowing the local calendar and motion practice matters; for example, challenging implied consent advisements and warrant affidavits often turns on agency‑specific forms and recordings. Learn more about county‑level defense on our Maricopa County page.
Frequently Asked Questions
Refusing an evidentiary breath, blood, or urine test after a DUI arrest is not a crime in Arizona, but it triggers a civil suspension under ARS 28-1321: 12 months for a first refusal or 24 months with a prior in 84 months. Police can often obtain a telephonic warrant for blood anyway, so refusal does not necessarily prevent DUI charges.
You have 15 days from service of the Admin Per Se/Implied Consent Affidavit to request a hearing with the Arizona MVD Executive Hearing Office. If you miss that deadline, the refusal suspension automatically begins on day 16. Timely filing lets you challenge reasonable grounds, arrest lawfulness, the adequacy of the admonitions, and whether a true refusal occurred.
Yes. Arizona officers frequently seek Rule 41 telephonic search warrants after a refusal. Under Missouri v. McNeely, State v. Butler, and State v. Valenzuela, a warrant, exigent circumstances, or voluntary consent is required for blood. If the warrant lacks probable cause or procedures were flawed, a motion to suppress may exclude the blood evidence.
After the first 90 days of a 12-month refusal suspension, some drivers may be eligible for a Special Ignition Interlock Restricted Driver License (SIIRDL) under ARS 28-1401 et seq., if they install an ignition interlock and meet other conditions. Eligibility depends on your record and compliance; separate interlock terms may apply if you are convicted of DUI.
Oliverson Law DUI & Criminal Defense has represented clients across Phoenix, Mesa, Tempe, and Chandler since 2009. Founder Derek Oliverson brings experience as a former police officer, prosecutor, and city court judge. Our Tempe office is at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. Rated 4.9/5 from 150+ reviews.
What to do in the next 72 hours
Request the MVD hearing immediately
You have 15 days from service of the Admin Per Se/Implied Consent Affidavit to request a hearing. Missing this deadline locks in a 12‑ or 24‑month suspension. Preserve the pink temporary permit and any paperwork; your lawyer can file the request and seek disclosure of the officer’s records.
Preserve evidence and witnesses
Write down everything said during the implied consent admonition and your response. Save receipts, texts, and videos from the night. Identify witnesses to driving, drinking, and the blood or breath test process. Timely preservation often reveals admonition errors or body‑cam inconsistencies that can win the refusal hearing.
Assess warrant and consent issues
If blood was drawn after a refusal, obtain the warrant, affidavit, and recordings. Your defense will scrutinize probable cause, telephonic procedures, and voluntariness. Under State v. Butler and State v. Valenzuela, unlawfully obtained blood can be suppressed, reshaping both the MVD case and the criminal case.
Plan for driving privileges
Discuss SIIRDL eligibility after the first 90 days of a refusal suspension and interlock logistics. Confirm you have no other holds and complete alcohol screening early to streamline reinstatement. Early planning reduces time off the road and helps protect employment and family obligations.
Avoid these costly mistakes
Contact Oliverson Law DUI & Criminal Defense in Tempe to challenge the refusal suspension, analyze warrant and consent issues, and defend your DUI in Phoenix, Mesa, Tempe, Chandler, and beyond. Founder Derek Oliverson served as a police officer, prosecutor, and city judge before focusing on defense.