Arizona Implied Consent/ Admin Per Se Law

Posted on May 15, 2013 in DUI Consequences

Reading little fine print is important. Because when you signed up for your driver’s license in Arizona you consented to having your blood, breath or urine sample taken and analyzed if a stopping officer has reasonable suspicion to believe you are driving under the influence. That is what is known as the implied consent law. By getting your license anddriving on Arizona roads you have agreed to those terms. You have no say in which test is administered; that is completely up to the officer who stops you.

The consequences for refusing a breath, blood or urine test are severe. The state will suspend your license for one year. If this is your second refusal in 84 months then the state will suspend your license for two years. Note that if you initially refuse but then change your mind, for example, when you get to the police station, then tell an officerimmediately. You need to expressly agree to the testing and successfully complete the testing, as anything less is taken as a refusal.

Even though you must give a sample of your breath or blood that does not mean that every test or procedure the police officer asks you to do is required by law. That’s why you need a skilled DUI defense attorney who knows the proper procedures and tests required by law to help you maintain your rights.