According to the implied consent laws in Arizona, refusal of Arizona breathalyzer can result in huge penalties. You cannot refuse to blow into the machine as this can be taken as a criminal violation. In fact, this can have more severe penalties than if you were convicted for DUI. The implied consent law does not include refusal of the BAC test as a criminal offense. But, at the same time, if you refuse to go through this test, then the officer on duty can arrange for a search warrant to make the BAC tests compulsory for you.
What Can Happen If You Refuse?
If you arrested for DUI and refuse to go through the breath test, then you may have your driving license suspended for a year. In case this is the second time you are refusing the test within a period of seven years, then you stand to get your license suspended for 2 years. A first time DUI offense can make you lose your license for 90 days only. But this can be quite frustrating when you cannot drive to work. Your daily routine will also be affected and you may have to go through really trying times.
Refusal of Arizona breathalyzer does not extend to the BAC tests as well. The officer on duty will make sure that the BAC tests are conducted even if you refuse to blow. All you can get by refusing the breathalyzer is buy time. When you say no to the tests, the authorities will be forced to get a warrant after which the tests will be mandatory. You can only delay the process by saying no. It might take the officer a long time to get the warrant from the required authorities. If you have been stopped for DUI then you have to wait till the warrant is issued and you have to go through the tests. Sometimes, the paperwork can be hastened which means that you cannot even stall for time after refusal of Arizona breath test.
Can You Still Be Convicted of DUI?
Even if you have refused the BAC tests in the state, you may be convicted of DUI and also face the severe penalties that go with it. You have to take steps to assure yourself that the authorities are following the correct procedures in your DUI case. Refusal of Arizona breathalyzer can have many consequences, and you need to know all about them so that you can decide how to fight your case.
