Being arrested for DUI in Arizona can be overwhelming, especially when law enforcement asks you to submit to a breath or blood test. Many people wonder if they have the right to refuse a blood test after being stopped for suspected DUI.
However, Arizona’s implied consent law requires drivers to consent to chemical tests like a blood test, breath test, or urine test after being arrested for DUI.
Refusing to take a field sobriety test or blood test does not mean you avoid consequences; in fact, it may lead to more severe DUI penalties. In fact, a refusal can lead to immediate license suspension, mandatory blood draw with a warrant, and additional penalties that may impact your driving under the influence case. Understanding how test refusal works in Arizona and how it fits into your DUI defense strategy is critical if you want to protect your driving privileges.
This article will cover the following subtopics:
- Arizona’s Implied Consent Law and Blood Tests
- Immediate Consequences of Refusing a Blood Test
- Can Police Force a Blood Draw After DUI Refusal?
- How Refusing a Blood Test Impacts Your DUI Case
- Defense Strategies When You Refuse a Blood Test
- FAQs About Refusing a DUI Test in Arizona
- Key Points to Remember
- Contact a DUI Defense Attorney at Shah Law Firm
This article explains what happens when you refuse a breathalyzer or blood test, the legal consequences of refusal, and how an experienced DUI lawyer can help defend your DUI case in Arizona, particularly if you face DUI penalties.
Arizona’s Implied Consent Law and Blood Tests or Urine Test
The state of Arizona follows implied consent law, which means that by driving on Arizona roads, you automatically agree to submit to a chemical test if arrested for DUI. This includes a breath test and a blood or urine sample, which are essential components of a chemical test in Arizona. The law is outlined under ARS 28-1321, which gives police the authority to request a blood or breath test after a lawful DUI arrest, ensuring that drivers are aware they may face DUI penalties.
If you refuse to take a chemical blood test or breathalyzer test, it triggers immediate penalties from the Arizona Motor Vehicle Division (MVD), even before your DUI case is resolved in court, and you may face additional consequences for refusing a test. This automatic license suspension happens because the law treats test refusal as a breach of your implied consent.
What Is Considered Refusal?
Under Arizona law, refusal occurs if you:
- Explicitly refuse to take a blood or breath test after being arrested for DUI.
- Failing to cooperate with the officer’s request for a chemical test.
- Remain silent or give ambiguous answers after the officer reads the implied consent law.
Immediate Consequences of Refusing a DUI Blood Test
If you refuse to take a blood test after a DUI arrest, the Arizona Motor Vehicle Division will suspend your driving privileges for:
- 1 year for a first refusal.
- 2 years for a second refusal within 84 months.
This license suspension happens even if you’re not ultimately convicted of a DUI. In addition, your refusal can be used against you as evidence in your DUI case.
Other immediate consequences of refusal include:
- Automatic loss of your driving privileges.
- Requirement to attend alcohol screening and education.
- Increased penalties if convicted of DUI.
The administrative law judge handles the license suspension aspect separately from your criminal defense case in court.
Can Police Force a Blood Draw After I Refuse a Breathalyzer?
Yes. In Arizona, refusing to take a blood test does not always stop law enforcement from obtaining a blood sample. If you refuse a blood test, the officer can request a search warrant to draw blood, which Arizona judges often approve quickly, even at night.
Once a warrant is issued, you must comply with the blood draw, even if you already refused. This forced blood sample can still be used as evidence in your DUI case.
▶ Real-World Example
In Maricopa County, an officer pulls over a driver suspected of drunk driving. After refusing a breathalyzer or blood test, the officer requests an electronic warrant from an on-call judge. Within minutes, the warrant is approved, and the driver is taken to a mobile unit for a blood draw. The refusal is still noted, and the driver’s license is suspended automatically.
How Refusing a Blood Test Impacts Your DUI Case
Refusing a DUI test can make your defense more challenging, as prosecutors often argue that refusal suggests guilt or an attempt to hide your blood alcohol concentration (BAC), also called blood alcohol content.
Key ways refusing impacts your case:
- Evidence in Your DUI Case: Prosecutors can argue you refused a DUI blood test because you knew you were intoxicated.
- Jury Perception: Jurors may view refusal negatively.
- Warranted Blood Draw: Even if you refuse, the state can obtain a blood sample, meaning evidence may still exist.
However, refusing a blood test does not automatically mean you will be convicted of driving under the influence.
An experienced DUI defense lawyer can challenge how the chemical test was obtained and whether the implied consent law was properly explained, which is crucial for those facing DUI charges.
5 Defense Strategies When You Refuse a Breathalyzer or Blood Test
When you refuse a blood test, the right drunk driving defense lawyer can help you fight both the DUI charge and the license suspension. Common defenses include:
1. Failure to Read Implied Consent
If the officer failed to properly read you the Arizona Implied Consent Law, your refusal may not count.
2. Invalid DUI Stop
If the DUI stop was illegal, all evidence, including the blood draw, could be thrown out, as Arizona courts have long held that improper procedure invalidates the evidence.
3. Issues with the Warrant Process
If the search warrant to draw blood contained errors, the blood test might be inadmissible.
4. Health Conditions
Some health conditions prevent individuals from safely giving a blood sample. Medical documentation can support this.
5. Officer Misconduct
If the officer coerced or misrepresented your rights, the refusal may not hold up in court.
5 FAQs About Refusing a DUI Test in Arizona
⑴ Can I Legally Refuse a DUI Test in Arizona?
You have the right to refuse a chemical test or breath test, but doing so will trigger the officer to obtain a warrant for your blood to be drawn and automatic license suspension, which may hurt your case.
⑵ Will I Lose My License if I Refuse?
Yes, refusal leads to license suspension, even if you’re not convicted of DUI.
⑶ Can Police Force a Blood Draw After I Refuse?
Yes, officers can obtain a search warrant to draw blood after refusal.
⑷ Can Refusing Help Me Avoid a DUI Conviction?
Not usually. Prosecutors may argue that refusal shows guilt, and they can still get your blood sample with a warrant.
⑸ Should I Contact a DUI Defense Attorney if I Refuse?
Absolutely. An experienced Arizona DUI law office can challenge the refusal and the chemical test and protect your rights.
Key Points to Remember
- Arizona’s implied consent law requires submitting to a chemical test after a DUI arrest.
- Refusing to take a blood test triggers automatic license suspension.
- Police can obtain a search warrant to draw blood even if you refuse.
- Refusal may be used as evidence in your DUI case.
- An experienced Phoenix DUI attorney can challenge the refusal and blood test evidence.
Contact a DUI Defense Lawyer at Shah Law Firm
With nearly 20 years of criminal defense experience, Arja Shah understands how to challenge blood tests, refusals, and the implied consent law. Whether your case involves a search warrant to draw blood or a refused a DUI test, Shah Law Firm can help.
Contact Shah Law Firm today for a free consultation. Call us at (602) 560-7408 or visit our Contact Form to get started.
