Refusing a Breathalyzer or Blood Test in Arizona: How Does It Impact Your DUI Case?

If you are pulled over on suspicion of driving under the influence (DUI) in Arizona, the arresting officer will likely request that you take a breathalyzer or blood test to determine your blood alcohol concentration (BAC). However, what happens if you refuse? Many drivers believe refusing a test can help their case, but in Arizona, this decision can come with serious consequences.

Arizona’s Implied Consent Law

Arizona has strict DUI laws, including an implied consent law, which means that by driving on Arizona roads, you have already agreed to submit to BAC testing if lawfully arrested for DUI. If you refuse a breathalyzer or blood test after an officer lawfully places you under arrest, the Arizona Motor Vehicle Division (MVD) will automatically suspend your driver’s license for at least one year.

How a Refusal Affects Your DUI Case in Arizona

While refusing a breathalyzer or blood test might seem like a way to avoid a DUI conviction, it can actually work against you in multiple ways:

1. License Suspension – A first-time refusal results in a one-year license suspension, and a second refusal within 84 months leads to a two-year suspension.
2. Used as Evidence Against You – Prosecutors can argue that your refusal suggests you knew you were intoxicated and were trying to avoid incriminating evidence.

Can You Fight a License Suspension for Refusing a DUI Test in Arizona?

Yes, you have the right to challenge the automatic suspension. However, you must act quickly. You need to request a hearing with the MVD within 30 days of your arrest to fight the suspension. At the hearing, an experienced DUI defense attorney can challenge whether the officer followed proper procedures and whether the arrest was lawful.

Potential Defenses for a DUI Refusal Case

• Questioning the Legality of the Traffic Stop – If the officer lacked probable cause for the stop, any evidence obtained (including your refusal) may be inadmissible in court.
• Challenging the Arrest Process – If law enforcement failed to properly inform you of the consequences of refusal, your case may be affected.
• Medical or Communication Issues – If a medical condition or language barrier prevented you from understanding the request, this may be a valid defense.

Contact an Experienced Arizona DUI Law Firm Today – The Law Office of Joshua A. Lopez, LLC.

If you refused a breathalyzer or blood test in Arizona, you are facing serious DUI penalties, but you still have options. The Law Office of Joshua A. Lopez, LLC. can help you challenge your license suspension and build a strong defense against your DUI charge. Contact us today for a Free Consultation.