The Consequences Of a Breathalyzer Refusal In The Field

Expert Mesa DUI Attorneys Explain The Effects Of Refusing A Breathalyzer Test In Arizona

In Arizona, there is an implied consent law. What this means is that when you get your driver’s license, you are agreeing to follow all traffic laws, and if you are asked to take a breathalyzer test to measure the alcohol in your blood, you agree to submit to the test. However, many drivers don’t realize that this law exists, even though they are notified of it when they get their license. So, if they are pulled over on suspicion of driving under the influence, they might try to refuse the breathalyzer test in an effort to evade detection.

Refusing a breathalyzer can have consequences, and as any Mesa DUI lawyer will tell you, refusing the test will not prevent you from being convicted of a DUI. Here’s what you need to know:

Arizona Police Officer Holding A Breathalyzer Test

Can You Refuse a Breathalyzer?

If you refuse to take a breathalyzer test in the field, there are immediate consequences. The officer will take away your driver’s license on the spot, and your driving privileges will be suspended for one year. However, if you have refused to take a breathalyzer test in the past, the suspension will be longer. If it is the second refusal within seven years, your license will be suspended for two years. If you have a third refusal within seven years, your license will be suspended for another two years.

Some people take back their refusal when the officer takes their license and informs them of the consequences. However, even if you agree to take the breathalyzer test 10 seconds after refusing it, the suspension will still stand. You can work with an Arizona DUI defense lawyer to petition for a reinstatement of driving privileges. The officer will give you a temporary driving permit for 15 days, giving you time to challenge the suspension. You may be able to get your driving privileges reinstated after a short period if you agree to install an ignition interlock device on your vehicle, which will cost a lot of money to install and to maintain.

DUI Charges Without The Breathalyzer Test

DUI attorneys will counsel you that there are many ways that prosecutors can build a case to convict you of DUI, even without the breathalyzer test. So you still need to build a strong defense. Evidence that the prosecution can use to show you were under the influence of drugs or alcohol while you were driving include:

  • Erratic driving behaviors
  • Erratic driving that led to an accident
  • Signs of intoxication, such as watery eyes, slurred speech, or the smell of alcohol on the breath
  • Open container of alcohol in the vehicle
  • Admission by the driver of consuming alcohol

Fortunately, a good Tempe DUI attorney can challenge all of this evidence, depending on the circumstances of your case. Your attorney will explore all legal options to undermine or cast doubt on the case against you, in an attempt to get the case thrown out or to reduce the penalties you will be given.

You may even be able to challenge your license suspension for refusing to take the breathalyzer, depending on the circumstances of your case. Your DUI attorney will help you understand what’s possible so that you can get your full driving privileges back as quickly as possible. The consequences of a DUI can follow you for many years, so find the best Phoenix DUI defense attorney you can to represent you. By getting the charges reduced or dismissed, you will protect your future and move on from the incident more quickly.

Contact Arizona’s Leading DUI Defense Lawyers

Call My AZ Lawyers today to talk to one of our Arizona DUI defense lawyers if you are facing DUI charges. We represent clients in all DUI cases, including those who refused to take a breathalyzer test, those who are trying to get back their driving privileges, and those who have been charged with multiple DUIs. Our DUI attorneys are committed to helping you fight these charges and move forward, and they will explore all legal options to help you avoid conviction or to get a reduced charge or sentence. We represent clients throughout the Glendale, Tucson, Mesa, and Phoenix areas. Contact us today to schedule a consultation with one of our DUI attorneys.


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