Yes. You can certainly refuse to take a breathalyzer test in Arizona. But there are consequences for the denial. So should you?
When a cop pulls you over and asks you to blow into a breathalyzer, you can say no. Even when law enforcement makes it sound like it’s mandatory. If it’s your first time refusing the test, you’ll automatically get a 12-month suspension of your driving privileges.
The stress of the moment can cloud one’s judgement. So it’s worthwhile having an understanding of what your options are and what happens in both scenarios. Continue reading to educate yourself on the legalities associated with Arizona breathalyzer testing.
Understanding the Legal Framework of Breathalyzer Tests
In Arizona, we have implied consent laws. This means when you get your license to drive from Arizona Department of Transportation, you agree to submit to chemical testing, such as a breathalyzer, assuming law officers have reasonable suspicion you’re driving under the influence.
Failure to take a chemical test when asked results in consequences, as mentioned, license suspension. Consequences are inevitable, regardless of whether your blood alcohol content (BAC) limit is above or below the legal limit of 0.08 – or if you haven’t been drinking at all.
Types of Breathalyzer Tests
Arizona law enforcement has two types of breathalyzer tests at their disposal. The first being a preliminary breath test (PBT). This is the roadside test that you’ve likely seen being performed by blowing into a straw attached to a small electronical device. These tests are often considered inadmissible in court. However, police use this test as probable cause to arrest a suspected drunk driver.
The second test is an evidential breath test (EBT). Unlike the PBT, this test is administered after an arrest is made and often at a police station, mobile testing unit, or medical facility. These tests, again unlike the PBT, are in fact admissible in court and used as evidence of intoxication by prosecutors.
Pros of Refusing a Breathalyzer Test
You can refuse to take a PBT, which can avoid the immediate creation of evidence the state can use against you. However, if an officer believes you are driving over the legal limit, he can request a search warrant that requires you to submit a breath, blood, or urine test. So while you may not face immediate consequences for refusing the roadside test, you definitely are not dodging a bullet as you likely will have to concede to an EBT.
Cons of Refusing a Breathalyzer Test
As mentioned, refusing a breath test in Arizona results in a 12-month license suspension. If you refuse a second test within seven years of refusing the first, you are subject to losing your driver’s license for two years.
This punishment is in addition to any penalties resulting from criminal charges as they relate to your DUI case. In other words, you may lose your license for even longer if found guilty in an extreme or super extreme DUI case in Arizona.
Arizona DUI FAQs
Our law firm has a wealth of experience in defending DUI clients. Here are some of the questions we receive most frequently. If you don’t see your question answered, please reach out directly to speak with an experienced Arizona DUI lawyer.
Does Refusing a Breath Test Have a Negative Perception in Court?
It’s possible that prosecutors claim that your refusal to take a breathalyzer is the same as an admission of guilt. Of course this isn’t true, but it may lead the judges to assume that you were driving drunk and didn’t want to take the test for fear of failing it.
Is There an Escalation of Consequences for Refusing a Breathalyzer?
Most likely your refusal to take a roadside breath test will escalate the situation. This noncooperation on your behalf may be cause for an officer to place you under arrest and requesting a warrant to conduct a blood test.
What Administrative Penalties Result in an Arizona Breathalyzer Refusal?
As mentioned, first time refusing a breath test in Arizona results in a 12-month driving suspension and the second refusal within seven years leads to 24 months suspension. Additionally, you have to pay to reinstate your license after the suspension time.
If convicted of DUI, you have more fees, possible jailtime, and an ignition interlock device (IID) will be required for you to use your automobile to travel to and from work or where ever else you may need to go.
What Are the Criminal Penalties for a DUI in Arizona?
Refusing a test complicates your case. However, if found guilty of DUI, you’ll face increased insurance premiums, get a permanent mark on your driving record, and may have a hard time getting a job in the future, especially a job that requires you to drive.
What Are My Alternatives to a Breath Test Refusal?
One option you have, instead of outright refusing to take the breath test in Arizona, is to submit to the breathalyzer and let your attorney challenge its accuracy in court. False readings are regular and can be caused by calibration errors, improper administration, or physiological factors like medical conditions.
Can I Refuse a Breathalyzer Test in Arizona Without Legal Consequences?
Most likely not. Refusing a breathalyzer test carries legal consequences in the Copper State. Under implied consent laws, refusal lead to automatic license suspension penalties.
Can Arizona Law Enforcement Force Me to Take a Breathalyzer Test?
A cop cannot force you to take a PBT when pulled over. However, with a warrant in hand, yes, you can be physically forced to submit a chemical test to determine your BAC.
Does Refusing a Breathalyzer in Arizona Mean I Won’t Get a DUI Charge?
No. Refusing to take a breath test for BAC does not mean you won’t get a DUI charge. An officer can make an arrest based on other criteria, such as a field sobriety test or other observation of impairment, like swerving or reckless driving.
Protect Your Rights with Expert Arizona DUI Legal Counsel
As mentioned there may be some pros to refusing a breathalyzer in Arizona; however, the cons usually outweigh the benefits. Your best course of action is to comply with law enforcement and contact a criminal law lawyer as soon as possible.
The law offices of Antol & Sherman have experienced DUI lawyers on hand ready to assist you. We aggressively fight on your behalf, ensure your legal rights are upheld, and work to minimize your punishment.
Contact our team today for an initial consultation.