Too often in our practice, we meet with clients that are not aware of their rights when on the road in Arizona. If a police officer pulls you over for suspected driving under the influence, there are laws that are important to know and remember as you interact with the officer. Perhaps most importantly, Arizona’s implied consent law makes it difficult for drivers to refuse to take a blood, breath, or urine test.
Implied Consent Law
Under the implied consent law, any person operating a motor vehicle in Arizona automatically gives consent to a test that allows law enforcement to determine alcohol concentration or drug content if that person is arrested for a DUI. Thus, if an officer has reasonable grounds to believe that a driver is under the influence of alcohol or drugs, the officer can require that driver to take any test of the officer’s choice. The officer can also legally require this test if he or she suspects a driver under the age of 21 has any alcohol in their body.
If the driver refuses the test, the officer can serve a notice of a 12-month suspension of the driver’s license or a notice of suspension of the privilege to drive (if the driver is from a different state). Importantly, a driver who refuses the test can be subject to a warrant that allows the officer to take a blood sample even despite their refusal.