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Can I legally refuse to take a sobriety test in Arizona?

Can I legally refuse to take a sobriety test in Arizona?

When a person is pulled over for a DUI in the Tempe area, they can feel overwhelmed and anxious. The law enforcement officer may be intimidating, and a defendant may not know what to do. A person who is pulled over on suspicion of DUI is required to take a blood, breath or urine test to measure their blood alcohol content. But what happens if a defendant refuses?

Assuming that the officer lawfully pulled over the defendant and has no malicious intent then the driver will be automatically assumed to legally consent to a chemical test to test their blood alcohol content. If the driver refuses:

  • Their driver’s license must be surrendered
  • The driver’s license will be suspended for at least 12 months
  • An ignition interlock system will be required to be installed after the first 90 days of license suspension

Sometimes the consequences of not consenting to a chemical test in Arizona are less than the consequences of a DUI conviction. But the refusal is risky and can lead to serious consequences. A legal professional who is skilled in DUI defense can examine the evidence against their client and explore some possible defense strategies to reduce the charges or dismiss them altogether.

A DUI conviction can be serious, leading to lifelong consequences. A conviction can mean a defendant’s life is completely turned upside down. They can now be facing jail time, thousands of dollars in fines, a ruined personal and professional reputation, and the loss of a driver’s license. Some DUI convictions can also be felonies which can lead to a lifelong criminal record. The potential consequences of a DUI conviction is why it is important for a person to have an attorney on their side.

Author Bio

Matthew L. Lopez

Matthew L. Lopez

Matthew L. Lopez is the Managing Attorney and founder of Matthew Lopez Law, a criminal defense and DUI firm serving clients throughout Arizona. His track record of case dismissals and charge reductions has earned him honors, including a National Trial Lawyers Top 40 Under 40 nomination, a “Superb” 10/10 Avvo rating, and a Rising Star designation by Super Lawyers.

Matthew is a member of the National College for DUI Defense and holds active memberships with the Arizona Association for Criminal Justice and the Arizona Association for Justice. His firm handles criminal defense, DUI, drug charges, and traffic offenses, offering free consultations and affordable payment plans to make quality defense accessible to all Arizonans.

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Matthew Lopez Law defends clients throughout Arizona. With offices in Tempe, Lake Havasu City, Apache Junction, and Parker, we appear in courts across all 15 Arizona counties. Whether you’re facing charges in Phoenix Metro, rural Arizona, or anywhere in between, we handle cases statewide.

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