In the state of Arizona, when a driver is arrested for driving under the influence, the arresting officer must inform the driver that he or she is required by law to take a blood, breath, or urine test. By not refusing the test, the driver’s consent is implied, and the test must then be administered within two hours. It is the arresting officer who decides which test is administered.
A driver can explicitly refuse to take a chemical test; however, he or she is then subject to the immediate seizure of his or her license. A 15-day permit will be issued, during which time the driver may operate his or her vehicle. Upon the sworn statement from the arresting officer that there were reasonable grounds to believe that the driver was driving under the influence and refused to take a chemical test despite being warned of the consequences of that refusal, the driver’s license will be suspended. If it is the driver’s first refusal, the suspension will be for one year; if it is the second refusal within a seven-year span, the suspension will be for two years.
DUI lawyer Mark Weingart is an expert in implied consent laws, and can provide you with guidance and representation whether you have refused or failed the chemical test. Whatever stage of the legal process you are in, we advise you not to go it alone. Contact Mark Weingart today to learn more about your legal rights and options, and give yourself the peace of mind of knowing that you have only the best in your corner.
If you find yourself in the position of being requested to take a blood, urine, or breath test, you do not have to immediately comply. You may first ask to speak with a lawyer, as this is your right. Requesting to speak to an attorney is not considered an act of refusal under the law. You may call Mark Weingart at (602) 635-3322, and he will advise you of what you should do.
Generally speaking, little good comes from refusing to take a test; in fact, your refusal can be used as evidence that you were aware of your intoxication. It is easier to mount an effective DUI defense if you agree to take the test, and we contest the results, for example.
If you have already refused the test, attorney Weingart can file a request to stop the suspension before it is final. This will force a hearing at which the arresting officer must appear, and we can use the facts at hand to present the strongest defense possible on your behalf. The next stage of legal action will depend on whether or not your suspension is upheld. Every step of the way, we will keep your best interests in mind in developing your defense strategy.
If you have been arrested anywhere in Arizona, including Tempe, DUI implied consent laws must be understood intimately by your lawyer to ensure the best possible outcome. Mark Weingart has the experience, skill, and knowledge of relevant laws to help protect your rights and preserve your freedom. Contact our practice today.