What Happens If You Refuse To Take A Breathalyzer Test In Arizona

Written by on November 20, 2021 in Stuff with 0 Comments

Driving under the influence is one of the most severe and reckless offenses someone can commit. Additionally, the guilty party makes the situation worse for them. In the US, if the police pull you over on suspicion of DUI, then you are bound to take a Breathalyzer test to check alcohol levels in your body. Similarly, you are asked to take the test in Arizona when pulled over. Scottsdale DUI lawyer can help you if the situation gets worse. However, Arizona’s DUI laws could be intimidating if you refuse a Breathalyzer test.

Refusing a Breathalyzer Test

The USA is one of the few countries where people can freely exercise their rights as citizens. One of those laws is the 5th Amendment, which allows a US citizen to deny any police requests. The same law applies to Arizona; if you are pulled over by a police officer and asked for a Breathalyzer test, you can refuse them. In most US states, a warrant is necessary after someone has refused the test. However, this is where Arizona law gets odd.

Implied Consent Law

You can refuse a Breathalyzer test in Arizona, but Implied Consent Law A.R.S. 28-1321 makes it difficult. Under this law, refusal to take a Breathalyzer, blood, or urine test could result in fines and punishment by the police officer. This law is practiced by the Motor Vehicle Department and gets immediately active when a car enters Arizona. You are bound to take the test when asked by a police officer, which can then be later presented in court.


If you refuse the test, your driving license will be suspended for a year, and if you repeat the offense in 84 months, the license will be canceled for two years. The punishment is part of implied consent law and is a mandatory one. Apart from the mentioned punishments, you can also be subjected to heavy fines. However, there is a condition for the law and the punishment to kick in.

Getting Arrested

Under the implied consent law, the officer must first arrest asking for the Breathalyzer test. If the officer doesn't make an arrest, you can refuse the test without getting any punishment. However, if the police officer thinks that you cannot drive safely, he can arrest and ask you to take the Breathalyzer test. After getting arrested, you will be taken to jail and eventually to court for a harsher sentence if you resist the test.

Administrative Law Judge

It is essential to know that refusing a Breathalyzer test and subsequent court hearings are not considered criminal. They are administrative and give the verdict after checking the evidence provided by both the accused and the arresting officer. An administrative law judge presides over the proceedings and gives the verdict.

Whether it's Arizona or other states, you must protect other people and not indulge in activities that harm fellow drivers when you get on the road.

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