When you are pulled over by a police officer for a suspected drunk driving charge, it’s important that you know what to expect and what the laws are regarding these situations. Knowing this can help you ensure that you exercise your rights and none of your legal protections are violated.
We’d like to look into the issue of sobriety testing right now. In particular, we want to examine the issue of refusal to take chemical tests. You can discuss these matters in greater detail when you speak with a skilled DUI lawyer at our firm.
Arizona law requires that anyone who is stopped under suspicion of drunk driving needs to undergo a chemical sobriety test. This means a blood test, a breath test, or a urine test. These different types of test will be performed in order to check blood alcohol content (BAC). Drivers do NOT have a choice which test they will undergo as this will be determined by the officer.
The legal limit in Arizona for drivers 21 and older is .08. There is a zero tolerance policy for BAC when it comes to drivers under the age of 21. Passengers of a vehicle may be asked to take a chemical test as well.
Though implied consent laws do require you to take a chemical test, a motorist can refuse to undergo a chemical test for sobriety. That said, what follows after the refusal to undergo a sobriety test often requires legal assistance of skilled DUI defense attorneys.
By refusing to submit to the test, the officer will ask that you surrender your driver’s license, which will be suspended for at least 12 months. The officer will then issue you a temporary driver’s permit that will be valid for 15 days. The officer will be required to file a report about your stop and why he or she had a reason to believe that you were driving while under the influence of alcohol. During this time, it is advisable that you speak with a DUI defense expert to go over the circumstances of your case.
Once 90 consecutive days of your license suspension have passed, you can request an ignition interlock device be placed in your vehicle for the remainder of your license suspension. During this period, you can also fight your charge with an attorney.
When you team with a skilled DUI defense lawyer, he or she will look into the circumstances of your case very closely. Close attention will be paid to any potential factors that would get charges against you dropped or that suggest your legal protections were not observed by the arresting officer. This may help you overturn the charge and/or reduce the duration of your license suspension.
If you would like to learn more about all of your options in drunk driving cases, be sure to contact our Phoenix and Tempe DUI lawyers today. Our entire team looks forward to meeting you in person and ensuring that you receive proper legal representation.