Can you be forced to submit to a breath test?

Posted on December 9, 2014 in Breath Test Refusal

If you are suspected of drunk driving in Arizona, these is a good chance that you will be pulled over and investigated. This may involve being asked to submit to a number of different tests aimed at determining your sobriety and your blood alcohol concentration. The tests used could include a range of field sobriety tests, a Breathalyzer test and possibly even a blood draw. Samples can also be taken from other parts of the body, such as your hair, to test for other forms of intoxication.

Implied consent laws means that by holding a license you effectively agree to submit to these tests if required. However, you may still choose to refuse. As this breaches the terms of your license, it may be suspended for a set period of time as a result of your refusal. However, this is sometimes preferable if you suspect that the results of the test could incriminate you, leading to more serious consequences.

In at least 30 states, there is the potential for officers to use no-refusal initiatives. This allows officers to obtain a warrant permitting them to legally demand that you submit to tests. Refusing these tests once they have been ordered via warrant can result in contempt charges.

Of course, it is always important to know the legislation of your home state. If you have been charged with DUI or a similar offense, an attorney may be able to assist you. He or she can guide you through the legal process and may be able to help you avoid conviction.