Refusing a breath test is not always the right choice

Posted on August 24, 2015 in Breath Test Refusal

Every year in Arizona, countless drivers are arrested on suspicion of drunk driving. Some do not realize that they are over the limit. Others may not have been drinking at all. Whatever the case, if you appear to be driving erratically, there is a chance that you may be pulled over and asked to submit to a series of tests to determine your blood alcohol concentration.

Of course, you do not have to agree to these tests. However, due to implied consent laws, refusal could result in the temporary revocation of your driver’s license. This suspension could last for as long as 12 months or potentially longer if you have previously been convicted of drunk driving. Even so, this may be preferable to risking conviction,particularly if you do not yet have a criminal record.

In some states, there is a distinction made between tests in the event of refusal. For example, refusing a breath test, blood draw or urine sample after you have been arrested can carry harsher penalties than if you choose not to submit to a test before an arrest has been made. It is also important to note that police may be able to obtain a warrant to draw your blood in certain circumstances.

It is a lot to think about and it can be quite a stressful experience. Fortunately, an attorney may be able to help you. He or she can weigh up the details of your situation and advise you on the options available to you. With this guidance you may be able to improve your chances of avoiding conviction, or at least securing a less weighty sentence.