DUI Blood Test Consent vs Refusal in Arizona

I’m attorney Andrew Long Rising Phoenix Law Group with this week’s tip as to what to do if contacted by police during a traffic stop or pulled over. Police are trained, heavily trained to always be on the lookout for drivers having any signs or symptoms of impairment. DUI. If police undergo a DUI investigation, then it is almost, and again, almost always best to consent to a test of your.Or breath using the Intoxilyzer machines that they often use. If you refuse these tests, the police officer can get a warrant to draw your blood. Obviously, they would have to have probable cause to get that warrant. But probable cause is not that high of a standard, and oftentimes judges, grantees, warrants based on you having alleged bloodshot, watery eyes, slurred speech, any number of things that are quite subjective.

So it is usually best in every situation to consent to this blood test if they have probable cause. They’re going to get the warrant and hold you and pull your blood anyway. Now, the difference between refusing and consenting in that situation where they take your blood anyway. In Arizona, you would be served with what’s called an admin per se.

Under this, process with the N V D, your license would be suspended for 90 days if you consent to that test. And if you have an Arizona license, actually it could be 30 with 60 days being restricted, driving. If you refuse and you have a hearing or not, after 15 days, from the incident, your license can be suspended for a whole year.

Now, it would make sense that if they’re going to draw your blood anyway by getting a warrant and, getting a judge to sign off that on that warrant, getting your blood, it’s best to have your license suspended for 90 days than one year.