Arizona DUI Charges – What You Should Know About Implied Consent

In Arizona, as is the case in many other states, if an individual is pulled over by the police for suspicion of driving under the influence of drugs or alcohol, and the police officer has reasonable grounds to believe the individual is in fact under the influence, that person impliedly consents to taking a breathalyzer test, blood and/or a urine test to determine if there is any alcohol or drugs in the person’s system.  This catches many Arizona residents by surprise, as being told you are required to submit to a breathalyzer test, blood and/or urine test seems like an extreme invasion of privacy.  However, our laws allow for this requirement, and while a police officer cannot physically force a person to submit to a breathalyzer test, blood and/or urine test, and an individual may refuse the test(s), the refusal carries with it potentially adverse consequences.

Failing to Submit to a Test in Arizona

            While a charged individual already faces potential jail time for driving under the influence of drugs or alcohol, he or she faces rather harsh penalties in the form of significant limitations on his or her Arizona driver’s license.  After being arrested, you may be required to surrender your Arizona driver’s license to the arresting police officer, and you may be given a temporary license for one to two weeks.  The officer will then file a report with the state which may ultimately result in suspension or revocation of your driver’s license.  Because Arizona has very strict DUI and implied consent laws, the penalties for refusing a breathalyzer, blood and/or urine test include the following:

·     One year suspension of your Arizona driver’s license for a first offense of refusing to take the breathalyzer, blood and/or urine test;

·      Two year suspension of your Arizona driver’s license for a second offense of refusing to take a breathalyzer, blood and/or urine test; and

·     Two year suspension of your Arizona driver’s license for a third offense of refusing to take a breathalyzer, blood and/or urine test.

While these are extreme measures for a simple refusal to take a test, you do have some recourse that can enable you to once again have a valid Arizona driver’s license.  In order to retain your Arizona driver’s license, you will have to successfully comply with the suspension for a period of time, and then you can request your driver’s license back so long as you have an ignition interlock device on your car for the remaining suspension period.  Further, if you wish to challenge the allegation of refusal, you can do so with the assistance of an attorney.  Whether or not you are ultimately convicted of driving under the influence, the mere refusal to take a test can have similar consequences.  This is a time when you need and deserve a skilled Phoenix DUI Defense Attorney.

Contact the Phoenix DUI Defense Attorneys of Ariano & Reppucci, PLLC Today

Facing a DUI charge is certainly a frightening experience that leaves you or a loved one with a feeling of uncertainty.  Even if your DUI charge alleges that your blood-alcohol content was barely over the legal limit of .08, Arizona courts will still enforce the state’s strict DUI laws to the fullest extent possible if you are found guilty.  As such, the sooner you are able to consult with a qualified Phoenix DUI Defense Attorney, the sooner you can begin your fight to have your DUI charge dismissed or perhaps reduced to a less serious charge.  The Phoenix DUI Defense Attorneys of Ariano & Reppucci, PLLC use all available resources to provide each and every client with the individualized, dedicated legal representation that each client deserves.  Ariano & Reppucci, PLLC is rated as “A” by the Better Business Bureau and has received a number of positive online reviews, reflecting the success our attorneys have had throughout Arizona.  Our Phoenix DUI Attorneys are available 24/7 to help you with your DUI charge.  To schedule an initial consultation, contact us today by calling (623) 777-2058.