Understanding Arizona's Implied Consent Law for DUI Testing

Investigative Article

The Truth Behind Arizona's Implied Consent Law for DUI

Driving under the influence (DUI) is a serious offense in Arizona, and law enforcement officers are tasked with keeping the roads safe by enforcing DUI laws. One of the ways they do this is through the use of implied consent laws, which automatically assume a driver's agreement to chemical testing if stopped for suspicion of driving under the influence. However, there is more to this law than meets the eye. In this investigative article, we delve into the truth behind Arizona's implied consent law and the implications of refusing chemical testing.

The Origins of the Implied Consent Law

The implied consent law in Arizona originated in the 1930s and was implemented to reduce the number of drunk driving incidents on the roads. At that time, there were no laws in place to allow police officers to test drivers for alcohol or drug use, which meant they had no way of proving that someone was driving under the influence. This led to many drunk driving incidents going unpunished and an alarming increase in road fatalities.

With the implementation of implied consent laws, drivers were deemed to have automatically given their consent to chemical testing if pulled over for suspicion of DUI. Refusing to comply with chemical testing would result in an automatic suspension of driving privileges, even if the individual was later found not guilty of a DUI.

How Implied Consent Works in Arizona

In Arizona, implied consent laws are outlined in ARS § 28-1321 and refer to the automatic agreement by drivers to submit to chemical testing if law enforcement suspects them of driving under the influence. When a driver receives their license, they are giving their implied consent to be tested for blood alcohol concentration (BAC) or drug levels if a law enforcement officer has reasonable grounds to believe they are impaired.

The officer typically decides which type of test will be administered, and the driver has the right to request an independent test be performed at their own expense. Refusing to submit to the testing can result in an automatic suspension of driving privileges, even if the individual is not ultimately convicted of a DUI.

The Implications of Refusing Chemical Testing

Refusing to comply with chemical testing in Arizona can have serious consequences, even if the individual is not ultimately convicted of a DUI. If a driver refuses to submit to a blood alcohol or drug test, their license will be suspended for 12 months for a first offense and 24 months for a second or subsequent offense. These suspensions are automatic and happen regardless of whether the driver is found guilty of a DUI.

It is important to note that Arizona does allow drivers to refuse a field sobriety test without consequence, but this is not the case for chemical testing. Refusing chemical testing could also result in a longer jail sentence if the individual is later found guilty of a DUI, as this refusal could be viewed as an attempt to hide evidence of guilt.

The Debate Over Implied Consent Laws

The use of implied consent laws for chemical testing in DUI cases has been a topic of debate for many years. Some argue that these laws infringe on an individual's Fourth Amendment rights against unreasonable search and seizure. Others argue that these laws are necessary to keep dangerous drivers off the road and protect the public.

Regardless of which side of the debate you fall on, it is important to understand how implied consent laws work and the consequences of refusing chemical testing in Arizona. If you find yourself in this situation, it is important to seek the advice of an experienced DUI defense attorney.

The Bottom Line

Implied consent laws in Arizona are in place to help reduce the number of drunk driving incidents on the roads. These laws automatically assume a driver's agreement to chemical testing if stopped for suspicion of driving under the influence. Refusing to comply with chemical testing can result in an automatic suspension of driving privileges, even if the individual is not ultimately convicted of a DUI. While the use of implied consent laws for chemical testing in DUI cases remains a topic of debate, it is important to understand how these laws work and the potential consequences of refusing chemical testing in Arizona.

Arizona's Implied Consent Law for DUI

Share: