If you’ve been pulled over for a DUI in Arizona, you might be wondering, “Can you refuse a breathalyzer in Arizona?”
Yes, you can, but there are important considerations to keep in mind.
Arizona is an “Implied Consent” state, meaning that while you have the right to refuse, doing so can lead to significant consequences, especially if a police officer has probable cause or obtains a warrant.
It’s important to understand your rights and the potential outcomes before making a decision.
Quick Tip
Know Your Rights Under Implied Consent
Arizona’s “Implied Consent” law requires drivers to submit to breath or chemical testing if arrested for a DUI. You can still refuse, but be aware of the consequences!
Arizona is an Implied Consent State. What Does That Mean?
In Arizona, the Implied Consent law means that when you obtain a driver’s license, you automatically agree to submit to breath, blood, or urine tests if law enforcement suspects you of driving under the influence (DUI).
This is designed to help police determine whether a driver is impaired by alcohol or drugs.
If you refuse a breathalyzer, you’re violating this implied agreement, which can lead to penalties, including the suspension of your driver’s license.
Implied consent is an essential tool for law enforcement, but it places drivers in a difficult position.
While you have the right to refuse, it’s important to weigh the pros and cons, especially since refusal itself can result in penalties.1
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So, Can You Refuse a Breathalyzer in AZ?
Yes, you can refuse a breathalyzer in Arizona but what happens if you refuse a breathalyzer?
Well, there are several determining factors.
The Fifth Amendment protects against self-incrimination, which extends to refusing certain tests.
However, many drivers refuse breathalyzers because they aren’t always accurate.
Medical conditions, a high-protein diet, using mouthwash with ethanol, or even burping can throw off results.
Improperly calibrated machines are another concern that can skew results.
Refusing a breathalyzer might seem like a way to protect yourself from inaccurate results, but remember—Arizona’s Implied Consent law allows officers to get a warrant if they believe you’re impaired.
This means that refusal doesn’t necessarily prevent testing altogether, and you may still face serious consequences.2
What Happens If You Refuse A Breathalyzer?
If you refuse a breathalyzer test, you may face multiple penalties under A.R.S. 28-1321(B).3
Here are some of those penalties:
- Driver’s license suspension: Your license will be suspended for one year after a first refusal and two years if you refuse again within seven years.
- Warrant for testing: Police can obtain a warrant to conduct the breath or chemical test even if you initially refuse.
- Probable cause arrest: If officers have enough evidence of impairment without the test, they can arrest you for DUI.
- Use in court: Your refusal may be used as evidence against you in court, potentially harming your defense.
- Test failure: If you’re unable to complete the test due to health issues or other reasons, it may still count as a refusal and result in penalties.
What to Expect If You Refuse a Blood Test?
Refusing a blood test follows similar consequences as refusing a breathalyzer.
Under Arizona law, police can seek a warrant for a blood test if they suspect you’re under the influence.
If you refuse, your driver’s license may be suspended, and the refusal can be used against you in court.
Just like with the breathalyzer, your inability or refusal to submit to the blood test can trigger license suspension for up to one year for a first-time refusal and two years for a second refusal within seven years.
What to Expect If You Refuse a Field Sobriety Test?
Field sobriety tests (FSTs) are typically a series of physical and cognitive assessments police use to gauge a driver’s impairment.
These tests are not mandatory in Arizona, and you have the right to refuse them without facing automatic penalties like license suspension.
However, refusing an FST might still result in your arrest if the officer believes they have probable cause for DUI.
While there is no direct consequence for refusing an FST, the officer could use other observations—like slurred speech or the smell of alcohol—as evidence of impairment.
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What Happens After You Refuse?
After you refuse a DUI test, several legal actions may occur.
First, your driver’s license will likely be suspended.
The officer may still arrest you and continue their investigation using other methods.
It’s also possible that the officer will secure a warrant to conduct the DUI test, meaning you’ll be tested anyway.
This is why refusing doesn’t always protect you from further action.
Getting Your License Back
If your license is suspended due to refusal, you can request a hearing through the Arizona Motor Vehicle Division (MVD).
In some cases, after a period of suspension, you may be eligible for a restricted license, which allows limited driving to essential locations like work or school.4
Completing DUI-related programs can also help you regain your license sooner.
DUI Classes
After you get a DUI, including cases where you refused a test, you may still be required to attend DUI classes or counseling.
At Cornerstone DUI, we offer a wide range of services to help you meet the requirements the courts have set for you, including:
- DUI education classes that satisfy court mandates
- Substance abuse evaluations to assess your specific needs
- Individual and group counseling to address addiction and behavioral concerns
- Relapse prevention programs designed to support ongoing recovery
- Court-ordered treatment programs customized to help you comply with legal obligations
These services are tailored to provide the support you need during this time, ensuring you fulfill all court requirements while moving toward a healthier future.
Frequently Asked Questions
Can you refuse a breathalyzer in Arizona without facing penalties?
What happens if you refuse a breathalyzer and the officer has a warrant?
Can I still get my license back after refusing a breathalyzer in Arizona?
Key Takeaways
- Key Takeaways
- Yes, you can refuse a breathalyzer, field sobriety test, and chemical testing unless the police have a warrant.
- Refusing a breathalyzer can lead to consequences, such as license suspension, fines, and court-ordered classes.
- Refusing a breathalyzer doesn’t stop law enforcement from obtaining a warrant for testing, since Arizona is an "Implied Consent" state.
- Completing DUI classes and other court-mandated programs can help you regain driving privileges after a refusal.
Understanding Your Rights and Responsibilities
Now that you know refusing a breathalyzer in Arizona is within your rights, should you refuse a breathalyzer?
While you can, knowing exactly what happens if you refuse a breathalyzer is important.
From potential license suspension to legal complications, it’s important to weigh your options carefully.
Arizona’s Implied Consent law means that refusal can lead to further penalties, including a possible warrant for testing.
Understanding the legal implications allows you to make informed decisions and protect yourself during a DUI stop.
If you’re facing these challenges, feel free to contact our team at Cornerstone DUI.
We offer support through court-approved services, alcohol treatment programs, and other resources to help you navigate the legal process and move forward.
