You can legally say no to DUI tests like breathalyzers or blood tests in Arizona. This right comes from the US Constitution, which protects you from having to provide evidence against yourself. Courts have agreed that these DUI tests are a type of search, so an officer usually needs a warrant to make you take one of these tests. But there's a catch. If a police officer doesn't have a warrant, they might ask you nicely for permission to do the test anyway. If you say yes, then they don't need a warrant.
Refusing a breathalyzer or blood test has serious consequences. Arizona law says if you drive, you've basically agreed to take these tests when asked to do so. If you refuse, your driver's license can be suspended for a year. If it's your second time refusing within about a year and a half, you could lose your license for two years.
If you're facing a DUI charge in Phoenix, contact an experienced criminal defense attorney immediately. Attorney Chad Pajersk is one of Arizona's select board-certified criminal defense specialists. Mr. Pajerski has a high reputation for excelling in courtroom defense. At Pajerski Law, we safeguard your rights and seek the best-case outcome. We offer a free case evaluation to help clarify your options. Contact us immediately for a consultation.
Consequences For Refusing A DUI Breathalyzer or Blood Test In Arizona
Refusing a DUI test in Arizona, like a breathalyzer or blood test, is a serious decision with significant consequences. While you have the right to decline the test, doing so carries legal and practical implications you should fully understand before making a choice.
Understanding Arizona's Implied Consent Laws
The Implied Consent Law, ARS 28-1321, applies to all drivers in Arizona. It basically means that by driving, you give your automatic consent to a breathalyzer or other chemical tests if arrested for DUI. This helps officers gather evidence. Normally, police need a warrant to conduct these tests. This is to protect your Fourth Amendment rights against unreasonable searches. However, there are exceptions.
One major exception to the warrant requirement is your express consent. If you agree to the test after being arrested for DUI, the police can proceed without a warrant. There might be other situations where a warrant isn't needed, like in emergencies or when evidence might disappear quickly (like the alcohol in your system).
If the police conduct a test without your express consent, without a warrant, and without any other valid exception, it might be a violation of your rights. This could affect the legality of the test results and potentially the entire DUI case. Also, if you're forced or coerced into taking these tests, that's also a problem. Consent must be freely given to be valid. If it's proven that you were coerced, the test results might be thrown out, and your rights may have been violated.
Contact An Experienced DUI Defense Attorney
Facing a DUI charge in Phoenix, Arizona, is a serious matter, and it demands expert legal representation. Chad Pajerski of Pajerski Law is a seasoned attorney with a proven track record in DUI defense. With his knowledge and dedication, he is well-equipped to guide you through the legal process and advocate on your behalf. When your future is at stake, having Chad Pajerski in your corner can make all the difference.
If you're in need of a skilled attorney to handle your DUI case in Phoenix or the greater Phoenix area, Chad Pajerski is your trusted partner for expert legal representation. Contact us today to schedule a free consultation and take the first step toward securing your rights and your future.
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