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

Implied consent laws could cost you your license

There are several tests to which you might be asked to submit if an officer in Arizona needs to determine whether you are intoxicated. These can range from field sobriety tests, to breath tests and can even include the acquisition of a blood sample. As we have seen before, you do not have to submit to these tests. However, refusing to do so can have legal repercussions.

The reason for this is that by acquiring a driver's license, you ostensibly agree to participate in such tests if required. By refusing, you breach that agreement and as such you can be penalized. The punishment in Arizona for refusing is the suspension of your license for 12 months. This can increase to two years if this is your second instance of refusal.

However, according to the Arizona State Legislature website, you cannot be deemed to have refused if your are unconscious or incapable of refusal. Even so, there are times when refusing a breath test or other tests could still work in your favor. For example, if you have previous DUI convictions, you might decide you are better off losing your license for a year rather than risking the penalties associated with a subsequent drunk driving conviction.

It can be a difficult call to make, but if you are concerned or confused about your options, you could benefit from the advice of an attorney. He or she can explain the potential consequences of your decision and help you choose the course of action that suits you best.

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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.
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