Should I Refuse a Breath Test?

October 17, 2021 Posted in DUI Defense Law

Consequences of Refusing to Take a Breathalyzer Test in Arizona

Some drivers believe that it’s a good idea when stopped by law enforcement for a suspected DUI in Arizona to refuse to take a breathalyzer test. However, in Arizona, when people refuse to take a breath test, they may run into more trouble than they realize. Arizona is an Implied Consent State. This means that, if a person is stopped for suspicion of DUI, they have to agree to take a breath test. It’s the same if a person has or has not been drinking and driving.

Many individuals feel insulted when a member of law enforcement asks them questions. They get angry when asked to submit to a breathalyzer test. Drivers in the state of Arizona aren’t legally required to submit to a law enforcement’s request to take a breathalyzer without a warrant. But when someone refuses to take one, they are often not happy with the result.

Potential Penalties of Refusing the Test

Any driver who refuses to take a breathalyzer test in Arizona will have their driver’s license revoked for at least one year. This can happen even if a driver isn’t convicted of a DUI charge. All a person has to do is refuse to take a breathalyzer test to earn a suspension of their driver’s license.

*First Offense – A person will have a one-year suspension of their driver’s license.
*Second Offense – Should someone refuse to take a breathalyzer test within 7 years of a previous refusal, they will have a 2-year driver’s license suspension.
*Third Offense – A third refusal to take a breathalyzer test within 7 years of a previous refusal will result in another 2-year driver’s license suspension.

License Taken

When a person’s driver’s license is taken away by law enforcement, they will be given a temporary driving permit. This permit will be valid for 15 days. The state of Arizona will notify them about the suspension. Forms will be provided for them to challenge their suspension if they desire.

The Hearing

A person must request a hearing within 15 days after being issued a notification of their suspension. This is an important hearing. When a person doesn’t have a driver’s license, they’ll have trouble travelling to and from school, work, home, and more. A person with a suspended driver’s license will have to have someone drive them places. This includes the police station as they wait for their driver’s license to be reinstated.

Motor Vehicles Division (MVD) Hearing

A person with a suspended driver’s license must immediately request a hearing with the MVD. This is a way to determine if the arresting officer had reasonable grounds to believe a person was driving under the influence. Should a person believe the arresting officer didn’t have legal grounds or reason to ask them to take a breathalyzer test, they can state this at the hearing. A person can have a DUI lawyer represent them at the hearing.

Should a driver in Arizona refuse to take a breathalyzer test and have their license suspended, they should immediately contact the Law Offices of Gary L Rohlwing. This is a DUI Attorney with all the knowledge and experience necessary to provide his clients with the best possible results.

West Valley Courts We Offer Legal Defense Services:

• Peoria
• Sun City
• Glendale
• Peoria
• Surprise
• Buckeye