Refusal to Take the Test: What Happens Next?

A driver who expressly refuses to submit to a chemical test of his or her intoxication level will be automatically required to submit their license to the arresting officer, at which time the license will be suspended. The same consequences can be in store for persons who do not necessarily refuse the test, but fail to expressly agree to its completion.

At the time that your driver’s license is suspended, you will be issued a temporary driving permit that will remain valid for only 15 days. Failure to take legal action within this time frame could result in long-term suspension/revocation of your license. The consequences you could face for refusing to submit to a DUI test will depend on whether the refusal is your first.

Persons who refuse the test for the first time will be subject to license suspension for up to one year. Ninety consecutive days of this year long suspension must be completed before you can request that an ignition interlock license be provided. Persons who refuse the test for a second time within seven years will have their license suspended for a total of two years.

Is Refusing the Test a Good Idea?

In Fountain Hills and the whole state of Arizona, the consequences for refusing a DUI test are less harsh than those incurred upon an actual conviction for intoxicated driving.

Unfortunately, refusing to submit to a blood, breath or urine test does not automatically mean that you will not be convicted, making a refusal somewhat risky in nature.

In some cases, the prosecution can use a defendant’s refusal to submit to a DUI test as evidence against him or her, ultimately arguing that the refusal should be taken as an indication of the driver’s intoxication. When this method of argument is utilized, it can be difficult – but not impossible – to defend you in court. Therefore, you need to ensure that you have aggressive and experienced defense on your side if you choose to pursue this route. Additionally, Fountain Hills deputies will be able to quickly get a warrant and negate your refusal.

At the Rosenstein Law Group, we are prepared to help DUI defendants in all types of circumstances, including those that involve refusal to submit to a DUI test of any kind. We urge you to connect with a defense attorney from our firm as soon as possible at 480-248-7666 to ensure that you stand the best chances of favorably fighting your case in court.


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