Articles Posted in Sobriety Testing

One of the biggest fears for most motorists is seeing the red-and-blue lights of a police officer’s patrol car flick on in their rear-view mirror. While the process of getting pulled over is stressful for anyone, this is especially the case for those who have had a drink or two. For many motorists, the thought of refusing a breath test crosses their mind. However, there is a lot of misinformation when it comes to Arizona breath test refusals. In this post, we discuss what a refusal is, and its legal significance.

Arizona has what is called an “implied consent” law. Under this law, motorists agree to submit to a breath test when they are pulled over by a police officer, and the officer has reasonable grounds to believe that they are intoxicated. Of course, a police officer cannot physically force someone to take a breath test. So, motorists always have the ability (not necessarily the right) to refuse a test.

When someone refuses an Arizona breath test, that starts a series of events in motion that cannot be undone. As soon as someone refuses a breath test, the officer will take their driver’s license, and their driving privileges will be suspended. The length of the suspension will depend on how many times the driver has refused in the past:

We at The Law Office of James Novak believe that all people in the Phoenix area who have been charged with drunk driving should receive a fair shake from the law. That's why we offer skilled DUI defense focused on dropping or reducing charges and penalties. We also want to provide motorists with a basic understanding of their legal rights, their Constitutional protections, and other valuable information that can help them if they are pulled over and suspected of drunk driving.

With this in mind, let's look at how blood alcohol content (BAC) is measured and assessed and consider problems with the various testing methods.

About Blood Alcohol Content (BAC)

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