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Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Refusing a BAC test is not always the best choice

If you are being investigated for drunk driving, you may feel nervous and uncertain about the future. On the spur of the moment, it can be difficult to make reasoned decisions, especially if you know you have alcohol in your system and you are worried about being incriminated by a breath test or blood draw. It is something that countless drivers in Arizona go through every year and making the right decisions in these circumstances can make a big difference.

While you do have the right to refuse a breath test, it may not be the best course of action to take. Aside from anything else, under implied consent laws, your refusal is likely to result in the suspension of your driver's license. It also does not guarantee that you will not be charged as various other evidence will also be taken into consideration. Furthermore, officers may be able to obtain a warrant for a forced blood draw. However, this is generally reserved for extreme circumstances.

However, as the severity of some penalties for DUI offenses are dependent on prior convictions, if you have previously been found guilty of drunk driving, avoiding a blood alcohol test might work in your favor. Although you might still face repercussions, there is a chance that they will be less severe than they would have been otherwise, if it cannot be proven that you were driving drunk.

As this article on blood alcohol tests explains, there are many factors involved in this decision, but in certain circumstances accepting the test can be the better option. However, even if your choice does not turn out to be the most favorable, all is not lost. An attorney can advise you about what to do next and may be able to support you in building your defense and ensuring that the court hears your version of events.

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We support Scottsdale's Taste of the Town festival that benefits the local chapter of the Muscular Dystrophy Association as well as the annual Toys for Tots campaign. Our firm also contributes to a number of other local organizations, including Home 'Fur' Good, a nonprofit dedicated to eliminating the euthanasia of adoptable homeless cats and dogs in Maricopa County.
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