Jun
26

What Happens if I Refuse a Test?

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If an individual is pulled over while driving, in the state of Arizona, because there is suspicion of DUI, that individual is required to take a breath, urine, or blood test upon arrest. This is because the state of Arizona has an implied consent law. This means the driver is assumed to automatically consent to the taking of a chemical test, as long as the individual has been lawfully arrested by a law enforcement officer who is not displaying any malicious intent at the time of the arrest.

In Arizona, an individual will be required to give up their driver’s license to the law enforcement official handling their case, if they have refused to take a urine, blood, or breath test at the time they are arrested on suspicion of DUI. As a consequence of this refusal, the reporting officer will file a report on this refusal. Inevitably this will result in the suspension of your state drivers license or permit for no less than 12 months. This is assuming you are only a first-time offender.

WHAT HAPPENS NEXT IF THE TEST IS REFUSED?

As mentioned above, any driver who specifically refuses to comply with the chemical test of his or her level of intoxication is automatically required to relinquish their driver’s license to the arresting officer. The license will be suspended at that time. For individuals who do not actually refuse the test, but who did not agree to the test completion, will also find themselves with the same consequences.

In this situation, when your driver’s license is suspended, a temporary driving permit will be issued to you. This permit will be valid for only 15 days. This can result in a long-term suspension or even revocation of your driver’s license, if you fail to take legal action within this 15 day time frame. The ramifications that you may face because of the refusing to submit to a DUI test, is dependent on whether or not this is your first offense.

The first time a person refuses to take the test, your license will be suspended for up to one year. You can request an ignition-interlock license to be provided to you, but only after 90 consecutive days of this year-long suspension have been served. In cases where individuals who refuse to take the test a second time within a seven-year period, they will have their driver’s license suspended for a full two years.

CHALLENGING A LICENSE SUSPENSION IN PHOENIX, AZ

In the state of Arizona, after your license has been suspended, you should expect to receive a notification of the suspension. Along with this notification, there will be forms included that can be used to challenge the suspension of your license. If you wish to challenge the suspension of your driver’s license, it must be done online, within 15 days of the date that the suspension was sent. There will be a hearing. Individuals have the option of submitting a written request for this hearing.

You will be given the opportunity at the hearing, to discuss whether or not there was reasonable cause for the arresting officer to believe you were driving your vehicle under the influence. At this time it may be advantageous for you to discuss at your hearing any concerns you may have as to the circumstances of your arrest, your refusing of the test, and whether or not the resulting consequences of your refusal were made known to you at the time. If the hearing goes in your favor, the suspension of your license will be revoked. If, on the other hand, the hearing does not go well for you, the suspension of your driver’s license will be confirmed.

THE REAL QUESTION IS: IS REFUSING THE TEST A GOOD IDEA?

Refusing to take a breath, urine, or blood test when you have been arrested on suspicion of DUI, in most cases, will not have a positive effect for you. However, the repercussions for refusing a DUI test in the state of Arizona, are not as severe as those you will be subjected to if you are actually convicted for being intoxicated while driving. Ultimately however, refusing to take a blood, breath, or urine test will not automatically prevent you from a conviction. This makes refusing the test somewhat of a risky nature.

It should be noted that some prosecutors use the defendant’s refusal to take a DUI test as evidence against him or her. Their argument basically says that the drivers refusal to take the test is an obvious indication of the driver’s intoxication. When a prosecutor uses this method of argument, it becomes very difficult, but not impossible, to defend you in court. If you plan on pursuing this route, you need to ensure that you have an experienced and aggressive defense team on your side.

We have the expertise at the Jones Law Firm to defend DUI prosecutions in all types of circumstances. This includes those that involve the refusal to take a DUI test. To ensure you have the best chance of favorably fighting your court case, we urge you to contact a defense attorney from our firm as soon as possible. If more information is needed, contact us today. We are here to help you.

Categories : DUI

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The Arizona Defense Law Blog is published by Phoenix DUI and criminal defense attorney Joshua S. Davidson. Nothing on this website is intended to create an Attorney-Client relationship and the information provided herein is for general information purposes only.

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