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Refuse Breath Test or Refuse Blood Test in a DUI

Can You Refuse a Breathalyzer / Breath Test or Blood Test During a DUI

Many people in Arizona are confused about whether or not you can refuse a breath test or refuse a blood test after a DUI stop. When people are arrested for suspected DUIs, police officers will ask them to submit to a chemical test to test their breath, blood, or urine for the presence of alcohol and its concentration.

While many people do not want to submit to chemical tests, refusing to submit a blood sample drawn by a phlebotomist or a breath sample on a breathalyzer test can result in consequences to their driving privileges and could potentially detrimentally impact their DUI cases.

Here is some information about refusals and what they can mean for a DUI case in Arizona from the Shah Law Firm.

Arizona’s Implied Consent Law

Under ARS 28-1321, Arizona has enacted an implied consent law. The state deems all motorists who drive vehicles in the state to have given their implied consent to chemical testing to check for the presence of alcohol or drugs in their systems.

When a person refuses or is unable to consent to, a test or tests of the person’s blood, breath, urine, or other bodily substance for the purpose of determining alcohol concentration or drug content, they are given an admin per se form. This is a pink piece of paper. If you were not given this form, let your DUI attorney know immediately.

Refusing to submit a blood or urine sample or refusing a breath test with the breathalyzer machine can trigger consequences from the Arizona Motor Vehicle Department.

If you refuse a breath, blood, or urine test, your license can immediately be suspended for 12 months regardless of the outcome of your DUI case. If you refuse a chemical test a second time within seven years, your license can be suspended for 24 months.

If you refuse to submit to a chemical test, a police officer can request a warrant to conduct the test anyway. You can still be prosecuted for a DUI based on the officer’s observations of you and your driving. The prosecution can also use a refusal of a chemical test as evidence against you in your DUI case.

Once you finish the administrative suspension period of your driver’s license, you will have to complete a drug and alcohol program before your license can be reinstated.

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DUI Rights to an Independent Blood Test

Your Rights to a DUI Independent Blood Test

When you are arrested in Arizona for a suspected DUI, the officer might order a DUI blood test. Before a blood test can be ordered, the officer must first either obtain your voluntary consent or secure a search warrant. Upon drawing your blood, the officer is required to advise you of your right to conduct independent testing of your blood. However, you might not know how to find an independent lab to draw your blood after hours to test it for your alcohol concentration. Because it might take you some time to locate a blood testing facility and get transportation, several hours may have passed. Since the alcohol in your blood dissipates over time, this can be a real problem.

If you ask for independent blood alcohol testing, the officer cannot do things to unreasonably interfere with your right to obtain this sample. When you are arrested for a DUI, you should contact a Phoenix DUI attorney as soon as possible. You have the right to ask for an attorney, and you should do so as soon as you are arrested. You also have the right to ask for an independent blood sample.

Even if you are transported to jail, you can ask the officer to take you to a local hospital to have an independent blood test performed. While you might not understand why this is important, an independent blood sample might help you to identify problems with how the blood test was performed in your DUI case.

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Understanding Blood Testing for DUI Alcohol or Drugs

When your blood is drawn to show the concentration of alcohol in your blood, you might think that the results are valid and accurate, preventing you from defending against a DUI charge. However, blood testing is not infallible. It is possible to challenge the results of a blood test on procedural, handling, and scientific grounds.

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Mesa Police at Mesa DUI Checkpoint

6 Things Police Won’t Tell You When Pulled Over for DUI

Arizona DUI laws have drastically changed over the past few decades. While law enforcement agencies have engaged in numerous approaches to minimize impaired driving, cases involving driving under the influence of drugs have been increasing. Because of the increase in drugged driving, how officers investigate suspected DUI cases has changed.

Most people do not understand the complex nature of DUI arrests and might not understand how they are affected when their blood alcohol concentrations are 0.08% or higher. Many people have unrealistic beliefs about how DUIs are investigated.

Here are six things that police officers will not tell you about how they investigate people for suspected DUIs.

1. Many people who are arrested for DUIs are initially only stopped for minor traffic offenses.

Police officers do not necessarily know that a person has been drinking or using drugs at the time that they stop their vehicles. While an officer might believe that you could be under the influence because of the time of day or the location of your stop, he or she does not know if you have been drinking before you are stopped.

Most DUI reports refer to a minor traffic offense as the reason for the stop. For example, the driver might have failed to use a turn signal while turning or moving lanes, might have been speeding, or may have committed other types of traffic violations.

Few reports list the officer’s suspicion that the driver was driving while impaired as the reason for a stop. It’s much more common for a different traffic offense to serve as the opening for a DUI investigation.

 

Click to Learn More About All 6 Things Police Won’t Tell You When Pulled Over for DUI in Arizona…

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