Arizona Upholds Implied Consent for DUI

Recent Court Case Sets Right of Refusal Precedent

As in many other states, Arizona law states that any driver arrested on suspicion of driving while intoxicated, whether under the influence of alcohol or other drugs, automatically consents to blood and breath testing by law enforcement officers. A recent ruling by the court of appeals, however, clarifies that a driver still maintains the right to refuse testing. This does not mean that refusal comes without consequences, of course.

A driver is considered impaired if they control a vehicle with a blood alcohol content (BAC) level of .08 percent. Arresting officers are assumed to have the "implied consent" of any individual for testing of bodily substances to determine BAC. This has been interpreted in the past to mean that all drivers waive their right to refuse testing after being arrested.

The court of appeals ruling, however, has found that drivers may still refuse testing unless they explicitly consent. This right, however, does not protect the driver from facing increased punishments for his/her refusal. A driver who denies officers the right to test their BAC can still be tested once the police obtain a search warrant, which can occur quite quickly depending on the specific local ordinances. In addition, refusal carries with it an increase in penalties if the defendant is found to have been intoxicated. These penalties may include increased fines, jail time, and a license suspension.

Knowledge is the Best Defense

Remember that while certain laws can be applied generally across the state, specific penalties and rulings can vary widely across different locations. Being arrested and charged with a DUI offense can be a frightening experience. Law enforcement officers will often try to intimidate suspects into waiving rights and implicating themselves unfairly. It is absolutely imperative that you seek professional counsel from a criminal defense attorney at the Knowles Law Firm, PLC with experience in such cases and the resources to provide you with an aggressive defense.

Contact an Arizona DUI Defense Lawyer at Knowles Law Firm, PLC and protect yourself today!