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Implied Consent Law in Arizona

Although field sobriety testing and preliminary breath testing are not mandatory and may be refused, an individual is required by law to submit to all blood, breath, and urine tests if requested by law enforcement.  This is because Arizona, like most states, has an implied consent law which means that by agreeing to drive a motor vehicle in the state, you also have given your consent to any drug or alcohol testing based on an officer’s reasonable suspicion of your impairment or intoxication.  Although many drivers do not want to submit to these tests, they must realize that under Arizona law, if a person is arrested for a DUI, the fact that they were driving or in control of the vehicle at the time of the arrests automatically shows that they have already given or “implied” their consent to take any blood, breath or urine tests that may be requested.

A law enforcement officer has the discretion to order any test he deems reasonable to administer.  In other words, a person has no choosing (blood, urine, or breath) to which they will be subjected to, as it is entirely up the law enforcement officer.  A failure to complete any test is considered a violation of the law when one expressly refuses to give a sample or when one does not successfully complete the full test.  If a person refuses to submit to the test, the test will not be given unless an officer procures a warrant.  Even after an officer receives a warrant and collects a chemical sample, the defendant will still receive penalties for refusal in violation of the implied consent law.  Refusal to submit to a chemical test will result in a one year suspension of their driver’s licenses that is effective within fifteen days after the officer places the order.  The person’s license or permit must immediately be surrendered to law enforcement and a temporary driving permit will be given in its replacement that is valid for fifteen days.


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