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Criminal Law Blog

What Drivers Should Do When Pulled Over on Suspicion of DUI

August 31, 2015

If arrested for a DUI in Arizona, you are required to submit to a blood, breath, or urine test because of Arizona’s implied consent law. According to Arizona law, if the arresting officer has reasonable grounds to believe you are driving while under the influence, you consent to taking a chemical test. Additionally, the arresting officer gets to choose which test you take.

Submitting to the test

Even if you aren’t driving, you may be required to submit to a chemical test. In fact, an officer can arrest you for suspicion of DUI, so long as you were in actual, physical control of the vehicle. This generally means you have the ability to make the car move. For example, if you are under the influence and pull over to sleep in your car, you may be charged with DUI if you leave the motor running to keep the air conditioning on. If you refuse the test, the officer will require you to surrender your license and will file a report for a license suspension up to twelve months.  

Refusing the test

Though the officer will take your license for refusing a chemical test, you will receive a temporary driving permit good for fifteen days. The officer will then submit a sworn report explaining that there were reasonable grounds to believe you were driving under the influence. If this was your first refusal, then your license suspension will only last a year.

Understanding the consequences

Refusing a blood, breath or urine test is unlikely to help you when arrested for a DUI. However, in Arizona, the consequences of refusal are milder than those for a DUI conviction, which include jail time and fines. In fact, you may be found guilty for a DUI even if the state doesn’t have proof your BAC was more than 0.08 percent.

Attorney Janet Altschuler can handle your Arizona criminal defense from start to finish. We offer careful guidance from an advocate you can trust. To schedule a free initial consultation, please call (520) 829-1741.

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