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

Breath Test Refusal Archives

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.

A Breathalyzer test is just one part of a DUI investigation

It can be difficult to know what to do in the face of a drunk driving investigation. The stress and pressure of being pulled over and questioned can impede your decision making and even your performance in field sobriety tests. On top of this, you may be asked to submit to a Breathalyzer test. However, depending on the circumstances, you might be worried about the results. We have discussed in a previous article the potential consequences of refusing such a test. However, whether you decide to take it or not, it can still be possible to build a successful defense.

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.

Driver faces DWI charge after refusing breath test

If you are involved in a car accident in Arizona, chances are you will be feeling emotionally fraught and disoriented. Unfortunately, you may then be faced with police questioning and investigations to determine whether you were at fault in the incident. If there is any suspicion that alcohol was involved in the crash, you may also be asked to submit to a Breathalyzer test, field sobriety tests or other tests aimed at looking if intoxication is present.

State trooper refuses breath test

On the roads of Arizona, if you are pulled over by police or if you are involved in an accident, there is a chance that you will be investigated for drunk driving. When officers perform these investigations, there are certain procedures they must follow, so it helps to know your rights. One thing they might ask you to do is submit to a Breathalyzer test. However, you are not obliged to do so, although refusal does lead to license suspension.

Cave Creek man charged with DUI refused alcohol testing

A Cave Creek man was reportedly arrested earlier this month on charges that he drove while intoxicated. According to court documents, the man told arresting officers that he had not been drinking and he refused to submit to a breath test. He was eventually arrested on suspicion of driving under the influence after officers saw two open beer cans in his vehicle.

DUI breath test equipment scrutinized due to lack of instructions

Many people in Scottsdale, Arizona may not think about this when they read a story about someone who gets arrested on the suspicion of driving while under the influence of alcohol, but the breath test used during that stop may have been faulty or improperly used. It's easy to just assume "that guy is guilty," and, as such, the equipment or the processes used by the police were correct and appropriately handled. To the contrary, there are plenty of cases where a DUI arrest was mishandled, leading to dropped charges against the accused person.

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.
AACJ Arizona Attorneys for Criminal Justice 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

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