Menu FREE Consult Request
DUI and Criminal Law Specialists
${site.data.firmName}${SEMFirmNameAlt}
Available to help 24/7
480-248-7666
Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Do you have to submit to a breath test?

If you are stopped on suspicion of drunk driving, there is a good chance that you will be asked to submit to a Breathalyzer test. Concerns about incrimination, either through fear of a false reading or knowledge that they are over the limit, encourage some people to refuse these tests. However, as we have discussed previously, it is not always the best idea and can still lead to charges. It is important to weigh up the potential consequences before choosing this option.

As is explained on FindLaw, driving is considered a privilege which can be revoked by the state. In exchange for this privilege, drivers are deemed to have implicitly consented to the testing of their blood alcohol content. This is known as implied consent. Refusal to submit to a breath test can lead to the suspension or revocation of your license. In some cases, you could even be subjected to fines or jail time.

Refusing a Breathalyzer test may also be used against you in court. Furthermore, some states use no-refusal initiatives, which enable officers to obtain a warrant under the authority of which they can compel a suspect to submit to testing. Refusal in this instance can carry more serious penalties, such as contempt charges. Furthermore, continued refusal could result in your blood being forcibly drawn by an officer.

Even so, for some individuals, the possibility of a DUI conviction outweighs the worry about penalties for refusing testing. This may be more likely for people with multiple convictions. The rules vary from state to state, so it is helpful to be aware of the legislation of your home state. An attorney may be able to help if you require clarification of your rights or obligations.

No Comments

Leave a comment
Comment Information
We play an active role in the civic life of the Phoenix metropolitan area.
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.
Rosenstein Law Group Best Lawyers 2020 Avvo Rating 10.0 Superb Top Attorney DUI Super Lawyers Arizona Trial Lawyers Association Attorney At Law Magazine Contributing Editor Arizona Attorneys For Criminal Justice Established 1986

Free Consultation With A Drunk Driving Defense Lawyer

When you need effective, strategic defense, contact us 24 hours a day, seven days a week at 480-248-7666. We are ready and waiting for your call.

Bold labels are required.

Contact Information
disclaimer.

Submitting your information to us through this web form does not establish an attorney-client relationship. Information submitted through this web form is not confidential, not subject to attorney-client privilege, and will not preclude this law firm from representing a different client in the same legal matter. We do not represent you until you meet with us and sign a fee agreement. Please do not send us any confidential information about your case until we meet.

close

Privacy Policy

Free Consultation With A Drunk Driving Defense Lawyer FREE Consult Request