The state of Arizona does not take driving under the influence lightly. If you are arrested by a law enforcement officer who suspects that you have been driving drunk or under the influence of alcohol, you will be required to take a blood, urine, or breath test to determine your blood alcohol content. Think this is a violation of your rights? As it turns out, you have already given your consent to do so.
Implied Consent in Arizona DUI Arrests
Arizona practices an “implied consent” law. The law of implied consent says that by being lawfully arrested by an officer with reason to believe that you have been driving under the influence of alcohol, you have already consented to a blood alcohol content test of the officer’s choosing. The officer chooses between a blood, urine, or breath test, and it must be administered within two hours of the time you were driving.
This law means that should you refuse to a test following your arrest, your license must be surrendered for a minimum of one year. If you refuse, you must immediately surrender your license to the officer who made the arrest in exchange for a 15-day temporary permit. You will receive forms that allow you to contest the suspension in court by arguing the circumstances of the arrest, or the officer’s failure to explain what would happen to you should you refuse the test, but be warned: many times, your refusal to take the test can be proven as an admission of your guilt even without evidence of your BAC.
As is the case with most arrests, being respectful and cooperative with the officer can go a long way in helping your case. If you have been arrested for DUI in Phoenix or the surrounding areas, call the Arizona DUI attorneys at Curry, Pearson & Wooten today at 602-258-1000 for a free consultation to discuss your case.