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DUI & Implied Consent in Arizona

If you are arrested for a DUI in Arizona, the officer will often request that you submit a breath, blood, or even a urine test to determine your blood alcohol content (BAC). If you refuse to take a post-arrest chemical test, your driver’s license will be suspended by the DMV. 

According to Arizona’s “implied consent” law, anyone with a state driver’s license automatically consents to BAC testing in the event of a DUI arrest. This means if you withdraw your consent after being arrested for drunk or drugged driving, the DMV will suspend your driving privileges. 

The following is a breakdown of the penalties for a breath/blood/urine test refusal: 

  • First refusal – Driver’s license suspension for 12 months 

  • Second or subsequent refusal – Driver’s license suspension for 24 months 

When you refuse, the arresting officer will confiscate your license and give you an “order of suspension” that carries a 15-day suspension period from the date of your arrest. The 15-day period gives you an opportunity to request a hearing with the DMV and challenge the suspension. While you wait for your hearing, you are allowed to drive until then.  

At the hearing, the arresting officer will appear and testify in front of the hearing officer. The officer must show that he/she had reasonable grounds to believe you were operating or in actual physical control of a vehicle while impaired, you refused to take the post-arrest chemical test, and you were given warnings of the consequences for refusal, as well as a notice of your right to request a DMV hearing. 

If the hearing officer rules in your favor or the police officer does not appear, your suspension will be overturned. On the other hand, if the hearing officer upholds your suspension, you will have 30 days to file a petition with the superior court to challenge the DMV’s ruling. 

If you have been arrested for a DUI in Yuma and your driver’s license has been suspended, contact Bowman, Smith & Kallen, P.L.L.C. today at (928) 433-2355 to discuss your case. Get more than 100 years of combined legal experience on your side! 

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