Implied Consent in Arizona

Under Arizona law, driving on the State’s roadways is a privilege and not a right. A person must apply for a license to drive a vehicle in Arizona. Once Arizona’s Motor Vehicle Division issues a person’s driver’s license, the person impliedly agrees to give his or her consent to have his or her breath, blood, or urine tested when a police officer suspects that person of driving under the influence of alcohol or some other substance. Arizona’s current state law imposes this presumption of implied consent.

The consequences for violating the implied consent law in Arizona are severe. If you refuse an officer’s request to submit to a test involving your breath, blood, or urine, the officer generally will serve you with a notice that suspends your license for 12 months. Moreover, the officer may detain you seek and obtain a warrant perform the test against your will. You may request a hearing at the MVD to determine the validity of the suspension. If you request such a hearing, the MVD will not suspend your license until making a determination following the hearing.

If you accept the officer’s request to submit to a test involving your breath, blood, or urine, you will be subject to immediate and possibly invasive procedures. If your alcohol level is more than .08 (a number that is quite simple to attain), the officer will arrest for driving under the influence of alcohol or another illegal substance.

However, all is not lost… The implied consent law is not absolute. Courts have interpreted the Constitution in a manner that protects certain personal privacies, one of which is illegal invasions to our bodies. Courts have also determined that the Constitution protects us from illegal searches by state actors. So, although a police officer may request and test your alcohol levels, under certain facts, you may challenge the manner in which the officer obtained your breath, blood, or urine.

If you are ever put in a situation where a police officer pulls you over for a suspected DUI, know that although you are in a compromised position, you also have certain rights. Call The Carroll Law Firm at 623-551-9366 if you need assistance. We would be happy to sit down with you, talk about your case, and discuss your possible options.


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