Implied Consent and Chemical Tests

Any person who drives a motor vehicle in Arizona gives consent to a test or tests of their blood, breath, urine or other bodily substances so law enforcement can determine alcohol concentration or drug content if the person is arrested for DUI under A.R.S. 28-1321. These test results will be used by the prosecution in an attempt to prove that the accused individual was driving when intoxicated or under the influence of drugs. However, it's important to remember that these test results can be wrong for various reasons, which a knowledgeable DUI lawyer can use to your advantage.

James Novak, an experienced DUI attorney in Mesa, can help you overcome the results of a chemical test of the breath, blood or urine. His attention to detail and understanding of the technical nature of test results can help pursue motions to suppress evidence and other favorable strategies. James Novak represents men, women, and youth facing criminal and civil DUI proceedings in Maricopa County, AZ. This includes Phoenix, Mesa, Tempe, Scottsdale, Gilbert, Chandler, and nearby areas. Call (480) 413-1499 to discuss your case during a free consultation and begin setting the foundation for a strong defense.

Under Arizona law, the police officer chooses the type of test, and administered at his/her direction, so long as the officer has reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle either:

• While under the influence of alcohol or drugs; or
• If the person is under age 21 with alcohol in the person’s body.

If you “refused” to take the breath, blood or urine test, the police will serve you a notice of a 12 month suspension of your driver license, or privilege to drive if you are from out of state. This suspension becomes effective 15 days from the date of service unless you request a hearing. If a hearing is requested your driver license or privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined. IF YOU REFUSE THE POLICE WILL OBTAIN A WARRANT AND TAKE A BLOOD SAMPLE ANYWAY.

Any failure by the person arrested for DUI to expressly agree to the test, or to successfully complete the test is deemed a refusal.

Prior to the test, the suspect must be informed that if the test shows a blood or breath alcohol concentration (BAC) of 0.08 or more if the arrest involved a personal vehicle, or 0.04 or more if a commercial vehicle was involved, the person’s license will be suspended for at least 90 consecutive days.

A person who is dead, unconscious or otherwise incapable of refusing to submit to a test is deemed not to have withdrawn consent for the test, and a test can be administered (most likely a blood test).

If arrested for DUI in Arizona you will be required to take a chemical test. The test will come from either testing your blood, breath, or urine. In Arizona, you have no choice as to what chemical test you will take. The police officer decides which test to give you. What test is given is in large part dependent on the police department and their policies. For example, the Scottsdale Police Department generally uses a blood test.

Also, the test given is dependent on the circumstances of the case. For example, if there was a vehicle accident with bodily injury, the police would ask for a blood test. Analysis of a blood sample is potentially the most accurate. Breath machines are susceptible to a number of problems rendering them often unreliable. The least accurate by far, however, is urinalysis.