Arizona Implied Consent: Your BAC Test Refusal Options

Arizona implied consent violationArizona implied consent penalties fall under two different areas: the per se consequences and the no refusal consequences. As with the majority of states, Arizona has both criminal and administrative (DMV) penalties for a DUI, and that begins with the first test a suspected drunk driver is asked to take: the initial blood alcohol concentration (BAC) test via police breathalyzer.

Violating Arizona implied consent laws means you will face additional penalties.

For an admin per se violation of the Arizona implied consent laws, your initial cooperation with the breathalyzer test that indicates your BAC is at or above the per se limit of .08 percent will result in a 90-day license suspension. Of that 90 days, you will likely be eligible for a restricted license (and ignition interlock device) after 30 days. However, you will be given 15 days to get your affairs in order before the suspension goes into effect.

For the implied consent violation, you would have to refuse the initial breathalyzer test with the understanding that you will then be arrested (law enforcement probably will not just let you go when you refuse the breath test). You will then have no choice but to be BAC tested once in police custody. This type of violation will result in your license suspension for one year, with possible eligibility for a restricted license (and interlock) after 90 days. You will also be required to carry SR-22 insurance and provide proof to the DMV.

When you first applied for your driver’s license, you agreed to BAC testing if you were ever in a DUI investigation. Arizona implied consent laws are a big reminder of that initial commitment that was made to be a safe driver. Any Arizona BAC test refusals after getting your license are taken seriously, with the next step leading directly to further investigation of your ability to drive safely.

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