When a police officer pulls a person over under the suspicion of drinking and driving, especially if the driver was only displaying minor behavior such as weaving between lanes, the driver will typically have to perform some sort of test to determine whether or not they are actually inebriated. In all U.S. states, if a police officer has reasonable suspicion to believe a person is driving under the influence of alcohol, that person is required by the Arizona implied consent law to undergo a blood, breath, or urine test to determine their BAC level.
What Is the Implied Consent Law?
According to Arizona state law, any person who possesses a drivers license has given their implied consent to submit to a blood, breath, or urine test when a police officer pulls them over with reasonable suspicion of a DUI. Refusing to take any of these tests within a two hour period of being pulled over can lead to suspension of a person’s drivers license or, if it is a repeated refusal, more serious penalties.
As soon as a person refuses to take the test, the police officer has the right to take their drivers license then and there. Although the person will be given a temporary driving permit that lasts fifteen days, their license will be fully suspended for at least a year (for a first refusal) once the police officer files their report. After a period of 90 days, a person may request a reinstatement of their license with the stipulation that they drive with an ignition interlock device in their car.
Taking a blood, breath, or urine test can be frightening, particularly if it leads to a DUI charge. However, any person in this position will be granted the right to defend themselves in a court of law.