Arizona DUI & Criminal Defense Attorney          (480) 413-1499

Your Subtitle text
Implied Consent
Implied Consent & Chemical Tests
Arizona Implied Consent

Any person who drives a motor vehicle in Arizona gives consent to a test or tests of their blood, breath, urine or other bodily substances so law enforcement can determine alcohol concentration or drug content if the person is arrested for DUI under A.R.S. 28-1321.

Under Arizona Law, the Police Officer chooses the type of test, and administered at his/her direction, so long as the officer has reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle either:

a. While under the influence of alcohol or drugs; or

b. If the person is under age 21 with alcohol in the person’s body.

If you “refused” to take the breath, blood or urine test, the police will serve you a notice of a 12 month suspension of your driver license, or privilege to drive if you are from out of state. This suspension becomes effective 15 days from the date of service unless you request a hearing. If a hearing is requested your driver license or privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined. IF YOU REFUSE THE POLICE WILL OBTAIN A WARRANT AND TAKE A BLOOD SAMPLE ANYWAYS.

Any failure by the person arrested for DUI to expressly agree to the test, or to successfully complete the test is deemed a refusal.
Prior to the test, the suspect must be informed that if the test shows a blood or breath alcohol concentration (BAC) of 0.08 or more if the arrest involved a personal vehicle, or 0.04 or more if a commercial vehicle was involved, the person’s license will be suspended for at least 90 consecutive days.

A person who is dead, unconscious or otherwise incapable of refusing to submit to a test is deemed not to have withdrawn consent for the test, and a test can be administered (most likely a blood test).

Chemical Test
If arrested for DUI in Arizona you will be required to take a chemical test. The test will come from either testing your blood, breath, or urine.

In Arizona, you have no choice as to what chemical test you will take. The police officer decides which test to give you. What test is given is in large part dependent on the police department and their policies. For example, the Scottsdale Police Department generally uses a blood test.

Also, the test given is dependent on the circumstances of the case. For example if there was a vehicle accident with bodily injury, the police would ask for a blood test.
Analysis of a blood sample is potentially the most accurate. Breath machines are susceptible to a number of problems rendering them often unreliable. The least accurate by far, however, is urinalysis.



Website Builder