Should I Consent to Blood or Breath Tests in Arizona?

When you’re pulled over in Arizona on suspicion of DUI, one of the most critical moments is deciding whether to consent to blood or breath tests. Arizona has some of the strictest DUI laws in the nation, making this decision pivotal for your future. The state’s implied consent law compels drivers to submit to these tests under certain conditions. Refusal may lead to automatic penalties, such as a 12-month suspension of your driver’s license, among other consequences. Tamou Law Group is here to break down these laws, explain your options, and clarify what happens if you consent or refuse.

This article provides an in-depth analysis of Arizona’s DUI laws, including implied consent, the types of tests available, and the legal and financial implications of your decision. We will also review what happens if you refuse and the likelihood of a forced blood draw under a warrant. By the end of this article, you will have a thorough understanding of the pros and cons of consenting to blood or breath tests in Arizona.

Table of Contents

1. Overview of Arizona DUI Laws
2. Understanding Arizona’s Implied Consent Law (ARS § 28-1321)
3. Types of Blood and Breath Tests in Arizona
4. Consequences of Consenting to the Test
5. Pros and Cons of Consenting to a Test
6. Refusing the Test: Administrative and Criminal Ramifications
7. Automatic 12-Month License Suspension Explained
8. Warrants for Forced Blood Draws: What You Need to Know
9. Financial Penalties, Fines, and Other Consequences of Refusal
10. Legal Defenses for Refusal and Forced Blood Draw Cases
11. Consenting vs. Non-Consenting: What’s the Difference?
12. What is the MVD Hearing About and What Do They Have to Prove?
13. What We Argue at the Implied Consent Hearing
14. Can My Lawyer Help Me Get My License Back?
15. What Would Mike Do? Final Thoughts
16. Conclusion

1. Overview of Arizona DUI Laws

Arizona Revised Statutes (ARS) § 28-1381 makes it illegal to drive or be in actual physical control of a vehicle while impaired to the slightest degree by alcohol, drugs, or a combination of both. Arizona’s DUI laws are designed to deter and penalize impaired driving through a combination of administrative penalties and criminal prosecution. Drivers can face DUI charges if their Blood Alcohol Concentration (BAC) is at or above 0.08% or if they are impaired to any degree, regardless of BAC level.  This basically means, so long as an officer believes you’re impaired, a DUI is possible! 

Arizona also enforces Extreme DUI category for drivers with a BAC of 0.15% or higher, Super Extreme DUI for cases .20+and an Aggravated DUI for repeat offenders or those driving with a suspended license or minors in the vehicle. The state’s tough stance on DUI offenses emphasizes the importance of understanding the laws around blood and breath tests and the consequences of refusal.

2. Understanding Arizona’s Implied Consent Law (ARS § 28-1321)

Under Arizona’s implied consent law (ARS § 28-1321), any person who operates a motor vehicle in the state is considered to have consented to a blood, breath, or urine test if they are lawfully arrested on suspicion of DUI. This law is designed to streamline the process for law enforcement when determining whether a driver is impaired.

We like to explain it this way to Tamou Law Group clients: Think of that signature on your driver’s license—the one used to verify your identity. It’s not just for verification purposes; it signifies that you understand the laws of the road and that driving is a privilege, not a right. By signing and accepting your license, you agree to abide by Arizona’s rules of the road, which include consenting to chemical tests like breath, blood, or urine if suspected of DUI. If you decline, under the implied consent law, the Motor Vehicle Division (MVD) is authorized to suspend your license.

Here’s how it works:

• If an officer has probable cause to believe you are under the influence, they will ask you to submit to a chemical test (breath, blood, or urine).
• If you refuse, the officer will inform you of the consequences, which include an automatic 12-month license suspension for a first refusal and a 24-month suspension for any subsequent refusals within a seven-year period.

3. Types of Blood and Breath Tests in Arizona

Law enforcement in Arizona uses three primary methods for determining impairment:

• Breathalyzer Test: This is the most common roadside test. It measures the amount of alcohol in your breath and provides an immediate BAC reading. Although quick, it is less accurate than blood tests and can be challenged in court.
• Blood Test: This is the most accurate method to determine BAC or the presence of drugs. Blood samples are analyzed in a laboratory setting, providing precise information. However, the process is invasive and typically requires you to be transported to a medical facility.
• Urine Test: Generally NOT used!  A urine test might be administered if the officer suspects drug use rather than alcohol impairment.

4. Consequences of Consenting to the Test

If you choose to consent to a blood draw or breathalyzer test:

• Cooperation with Law Enforcement: Your cooperation can create a favorable impression, which may benefit you in court or during negotiations.
• Immediate Results: Breath tests provide immediate BAC readings, while blood tests take time to analyze but are more accurate.
• Avoiding Immediate License Suspension: By consenting, you avoid the immediate 12-month suspension that comes with refusal. However, if your test results show a BAC above the legal limit, or if drugs are detected, you may still face license suspension, fines, and potential jail time depending on the severity.

5. Pros and Cons of Consenting to a Test

PROS

• Avoid Administrative Penalties: Consenting avoids the automatic 12-month license suspension that refusal triggers, although you may still face suspension if convicted of a DUI.
• Demonstrates Cooperation: Consenting can show you are cooperative, which might be favorable in court.
• Potential for Plea Negotiations: If your BAC is marginally above the legal limit and you have no prior offenses, you may be able to negotiate a plea deal.

CONS

• Incriminating Evidence: A high BAC reading or the detection of illegal drugs can be used against you in court. High BAC levels may lead to more severe charges like Extreme or Aggravated DUI.
• No Guarantees: Even if you cooperate, there’s no guarantee that it will result in a lesser penalty or more favorable outcome.

6. Refusing the Test: Administrative and Criminal Ramifications

When you refuse a chemical test in Arizona:

• Immediate License Suspension: Refusal leads to an immediate suspension of your license for 12 months for a first offense. This penalty is enforced by the MVD, separate from any criminal penalties associated with the DUI charge.
• Use Against You in Court: Prosecutors may argue that your refusal indicates a consciousness of guilt, as refusal often suggests that the driver was aware of their impairment.
• Higher Penalties upon Conviction: If convicted after refusing a test, the penalties may be harsher. Arizona judges often consider refusal when determining sentencing, particularly in repeat offense cases.

7. Automatic 12-Month License Suspension Explained

One of the most significant consequences of refusing a blood or breath test is the automatic 12-month license suspension mandated by ARS § 28-1321. This suspension occurs regardless of whether you are later convicted of a DUI offense. The MVD enforces this suspension as an administrative penalty, separate from criminal court proceedings.

This 12-month suspension can severely impact your daily life, affecting your ability to work and carry out daily responsibilities. The suspension period increases to 24 months if you refuse a second time within a seven-year period. The only way to challenge this suspension is to request a hearing with the MVD within 15 days of receiving the suspension notice. However, these hearings are often difficult to win without an attorney’s assistance.

8. Warrants for Forced Blood Draws: What You Need to Know

If you refuse a test, Arizona law enforcement is not left without options. They can quickly obtain a search warrant to conduct a forced blood draw. Thanks to Arizona’s electronic warrant system, officers can obtain a warrant within 15-30 minutes, even in the middle of the night.

Here’s how it works:

• The officer contacts a magistrate judge electronically and provides evidence to establish probable cause.
• Once the judge approves the warrant, officers can legally obtain your blood sample without your consent.
• The blood draw will typically be conducted at a medical facility, and reasonable force can be used if necessary.

If you resist a blood draw after a warrant has been issued, you may face additional charges, such as resisting arrest, which can further complicate your case. Arizona’s DUI enforcement system is designed to minimize delays and ensure that evidence of impairment can be collected quickly, even if the driver initially refuses. Essentially, the warrant authorizes the officer to use reasonable force to obtain your blood sample. This may involve restraining you to ensure the blood draw can be performed safely, even if it is done against your will. However, the use of force must remain within lawful and appropriate limits to avoid excessive or abusive actions.

9. Financial Penalties, Fines, and Other Consequences of Refusal

Refusing a test does not shield you from financial penalties. In fact, refusal can lead to significant fines and other costs:

• Fines and Fees: A DUI conviction in Arizona can result in fines ranging from $1,500 to $2,500, depending on the offense level (e.g., standard, extreme, or aggravated DUI). These fines increase if you have a prior DUI record or if you refuse the test, as refusal may be seen as an aggravating factor.
• Increased Insurance Rates: A DUI conviction or refusal to take a test can cause your insurance premiums to skyrocket. Some insurers may even cancel your policy altogether.
• Ignition Interlock Device Requirement: If convicted of DUI after refusing a test, you may be required to install an Ignition Interlock Device (IID) on your vehicle. This device requires you to provide a breath sample before your vehicle will start and can cost around $1,500 per year to maintain.
• Alcohol Education Classes: Refusal may also result in mandatory alcohol education or treatment programs, costing hundreds to thousands of dollars.

10. Legal Defenses for Refusal and Forced Blood Draw Cases

Even if you refuse a test or undergo a forced blood draw, there are still defenses available. Experienced DUI attorneys can investigate:

• Legality of the Traffic Stop: If the officer did not have a lawful reason to stop you, any evidence obtained (including the blood test) may be suppressed.
• Proper Warrant Procedures: An attorney can challenge whether the warrant was obtained correctly. If there was a procedural error, the evidence may be excluded.
• Accuracy and Handling of Blood Samples: Blood samples must be collected, stored, and analyzed according to strict protocols. Any deviation may be grounds for challenging the accuracy of the results.

11. Consenting vs. Non-Consenting: What’s the Difference?

When faced with a DUI stop, you have the option to either consent to a blood or breath test or refuse it. Understanding the differences is crucial:

• Consenting: If you agree to the test, the officer will proceed with a breathalyzer or transport you to a facility for a blood draw. The result is immediate (for breath) or may take time (for blood). You avoid an automatic license suspension, but if your BAC is above 0.08%, the result may lead to a DUI charge with potential criminal penalties.
• Non-Consenting: If you refuse, Arizona’s implied consent law kicks in, and you face an automatic 12-month suspension. Law enforcement will likely obtain a warrant within 15-30 minutes and proceed with a blood draw regardless of your refusal. This refusal may also be used against you as evidence of impairment.

12. What is the MVD Hearing About and What Do They Have to Prove?

If you refuse a blood or breath test and receive a notice of suspension, you can request an MVD hearing. This hearing is your chance to contest the automatic license suspension. However, these hearings focus on administrative, not criminal, aspects of your case.

To suspend your license, the MVD must prove:

• The officer had reasonable grounds to believe you were under the influence.
• You were lawfully arrested for DUI.
• You were informed of the consequences of refusing the test.
• You refused to submit to a blood or breath test.

In an MVD administrative hearing, the burden of proof is much lower compared to a criminal DUI case. In the administrative setting, the MVD only needs to prove their case by a preponderance of the evidence, meaning that it is more likely than not that the facts support the officer’s actions. This is a much lower standard than in criminal court, where the state must prove the case beyond a reasonable doubt, the highest standard of proof in the legal system. In other words, while criminal DUI cases require nearly irrefutable evidence to secure a conviction, the MVD only needs to demonstrate that the officer’s actions and observations were more likely valid than not. This difference means that even if you win your criminal case, the MVD could still suspend your license based on the lower burden of proof in the administrative hearing.

13. What We Argue at the Implied Consent Hearing

At Tamou Law Group, we meticulously prepare for every administrative per se hearing (commonly known as the MVD hearing) to challenge the automatic license suspension triggered by a refusal to submit to a chemical test. These hearings are separate from the criminal proceedings and focus strictly on the administrative side of your case. Here’s how we approach it and what we argue to give you the best chance at keeping your license.

Step-by-Step Walkthrough of the Administrative Per Se Hearing

The administrative per se hearing is your opportunity to contest the automatic license suspension under Arizona’s implied consent law. The hearing is usually conducted via phone with an administrative law judge (ALJ) from the Motor Vehicle Division (MVD). The judge reviews evidence presented by both sides to determine if the suspension is valid based on the facts and evidence of the case. Our job is to challenge the state’s evidence and arguments.

What We Argue: Key Points of Defense

1. Challenging the Admonitions Given by the Officer
   • One of our primary strategies is to argue that the officer did not read the implied consent admonitions verbatim. Arizona law requires that officers inform drivers of the consequences of refusing a blood, breath, or urine test, including the potential suspension of their license. If the officer deviated from the exact wording of these warnings or failed to explain the consequences clearly, we can argue that the driver was not properly informed. This can be grounds for dismissal of the suspension if it’s proven that the warning was insufficient or confusing.
2. Questioning the Legality of the Stop and Arrest
   • We investigate whether the traffic stop and subsequent arrest were lawful. If the officer did not have reasonable grounds to initiate the stop or lacked probable cause to arrest you for DUI, we can argue that any evidence obtained (including the refusal) is invalid. Proving this can be a strong defense in the administrative hearing, and it might lead to the suspension being overturned.
3. Reviewing the Timing and Conduct of the Test Request
   • We closely examine the timeline between the traffic stop, the arrest, and the officer’s request for a chemical test. If the officer delayed informing you of your rights or pressured you into refusing without giving you a fair opportunity to understand the situation, we may argue that you were coerced or did not have the chance to make an informed decision.
4. Evaluating Officer Testimony and Evidence
   • We scrutinize the officer’s testimony and any body camera footage or other evidence provided by law enforcement. We look for inconsistencies, omissions, or procedural errors that could undermine the state’s case. If the officer’s report is incomplete or contradicts their testimony, this can be a powerful point in your favor.

Conclusion: Walking Through the Hearing Process

By walking through the administrative per se hearing in detail, we aim to give our clients the best possible defense to challenge the MVD’s suspension. The hearing focuses on whether the officer followed proper procedures, including reading the implied consent warnings correctly and having valid grounds for the DUI stop. At Tamou Law Group, we leverage every procedural detail to fight for your driving privileges. Our expertise in these hearings has led to successful outcomes for clients facing license suspensions. If you have an upcoming MVD hearing, contact us at 623-321-4699 so we can start building your defense today.

14. Can My Lawyer Help Me Get My License Back?

Yes, an experienced DUI attorney can help challenge the MVD’s case and work to restore your license. Lawyers know how to:

• Present evidence that the officer lacked reasonable grounds for the DUI stop.
• Challenge whether the arrest was lawfully conducted.
• Review if the officer correctly informed you about the consequences of refusal.

If successful, your attorney can convince the MVD to reinstate your license, even if the criminal case remains unresolved. Working with Tamou Law Group gives you the best chance at contesting these suspensions and minimizing the impact on your life.

15. Final Thoughts (*THIS IS NOT LEGAL ADVICE! ONLY OPINION*)

In my professional opinion, not consenting to chemical tests in Arizona during a DUI stop doesn’t do enough to help your case. Here’s why:

we know that if you refuse, the state will almost certainly get a warrant within 15-30 minutes, allowing them to obtain a blood sample anyway. This refusal will not only add unnecessary complications and delays, but it could also make the situation worse. You’ll face an automatic license suspension under the implied consent law, and you’ll still have the criminal charges to deal with. This can lead to two separate battles—one with the Motor Vehicle Division (MVD) on the administrative side and another in criminal court.

Let’s break down the difference between the two: the administrative matter handled by the MVD is about your driving privileges. If you refuse a chemical test, the MVD will automatically suspend your license for 12 months, even if you beat the criminal case. The criminal matter, on the other hand, is focused on whether you were driving under the influence according to Arizona’s DUI laws. It’s entirely possible to win the criminal case and still lose your license because you did not comply with the implied consent law. The administrative and criminal processes are separate, and the outcome of one doesn’t necessarily impact the other.

If it were me, I would comply with the officer’s request for a blood or breath test, do my best to remain respectful, and immediately hire an experienced DUI attorney to represent me. By cooperating with the test, I would focus on fighting the criminal matter first, as a favorable outcome in criminal court could significantly influence the administrative hearing. With the right strategy and legal representation, it’s possible to address both aspects effectively.  Of course, with this I mean I would not say a word to the officer other than my name and date of birth if asked.

At Tamou Law Group, we’ve successfully defended DUI cases with case dismissals and won administrative hearings. We understand the complexities of Arizona’s DUI laws and have the experience needed to challenge improper procedures, test inaccuracies, and even the legitimacy of the traffic stop itself. Our approach is to build a strong defense from the outset, aiming to protect not only your driving privileges but also your criminal record. If you’re facing DUI charges, call Tamou Law Group at 623-321-4699. We’ll fight for the best possible outcome, so you can move forward with confidence. 

Tamou Law Group is dedicated to helping clients navigate these difficult legal situations. Whether you consented or refused, you still have options. We are here to examine your case, challenge any procedural errors, and work towards the best possible outcome for you. Contact Tamou Law Group at 623-321-4699 for a consultation.

16.  Conclusion

Facing a DUI investigation in Arizona can be an overwhelming experience, making it essential to understand your rights when asked to take a blood or breath test. Knowing the consequences of refusal, the likelihood of forced blood draws, and the associated financial penalties empowers you to make an informed choice. Tamou Law Group is dedicated to helping you navigate Arizona’s complex DUI laws and protecting your rights. Call us now for a free consultation—whether you’ve just been pulled over or have already been arrested, our team is available 24/7 to assist you!