What Arizona Drivers Need to Know About DUI Test Refusals and Implied Consent Laws
If you’re stopped on suspicion of DUI in Arizona, one of the most stressful moments can come when an officer asks you to take a breath or blood test. Many drivers wonder: Can I legally refuse a DUI test in Arizona?
The short answer: Yes—but refusal triggers immediate legal consequences under Arizona’s strict implied consent laws. Understanding your rights and the risks involved is crucial to protecting your future.
What Is Arizona’s Implied Consent Law?
Under Arizona Revised Statutes § 28-1321, any driver operating a vehicle in Arizona automatically consents to chemical testing (breath, blood, or urine) if they are lawfully arrested for DUI. This is known as implied consent.
By driving on Arizona roads, you are presumed to have agreed in advance to:
- Breath testing
- Blood testing
- Urine testing (less common)
If you are arrested and refuse, you face penalties—even if you’re not convicted of DUI.
Can You Refuse a Breath Test in Arizona?
Yes, you can refuse a breath test—but doing so carries serious administrative consequences imposed by the Arizona Motor Vehicle Division (MVD).
Refusing a Breath Test Can Result In:
- A 12-month license suspension for a first refusal
- A 24-month suspension if you’ve had a prior DUI or test refusal within the last 84 months
- No hardship or restricted license for much of the suspension period
- Your refusal being used as evidence against you in court
Refusing a test does not mean police can’t get evidence of intoxication through other means.
Can You Refuse a Blood Test in Arizona?
You may verbally refuse a blood test, but that doesn’t mean it won’t happen.
Search Warrants & Forced Blood Draws
Arizona law allows officers to obtain a search warrant if you refuse a blood test. In many DUI cases, these warrants are approved within minutes—allowing police to legally perform a forced blood draw.
Even if you refuse, you can still:
- Be subject to a forced blood draw
- Have that evidence used against you
- Face license suspension for initially refusing
Is Refusing a DUI Test Ever a Good Idea?
There’s no one-size-fits-all answer. Every DUI stop is unique. But refusal often creates more problems than it solves, including:
- Longer license suspensions than a standard DUI
- A stronger inference of guilt in court
- Fewer legal defense options
A skilled DUI defense attorney can help determine if the arrest or request for testing was legally valid.
What About Field Sobriety Tests?
Field sobriety tests—like walking a straight line or eye movement tests—are not chemical tests and are typically voluntary in Arizona. You may politely decline without facing the same penalties tied to chemical test refusal.
However, once you’re arrested, chemical testing falls under implied consent laws.
What Happens After You Refuse a Test?
If you refuse a breath or blood test in Arizona:
- Your license suspension starts quickly (as soon as 15 days)
- You have a limited window to request an MVD hearing
- Missing deadlines can permanently limit your legal options
Why You Need an Arizona DUI Attorney Immediately
Refusing a DUI test triggers complex legal consequences, including:
- Administrative license hearings
- Criminal DUI charges
- Constitutional and procedural challenges
At Rideout Law Group, we aggressively defend DUI and test refusal cases across:
- Scottsdale and Maricopa County
- Lake Havasu City and Mohave County
- Phoenix, Mesa, Tempe, Chandler, and surrounding areas
Our experienced DUI attorneys—including Brad Rideout, Carolyn Keist-Gilbert, and Steven Eckhardt—bring former prosecutor insight and deep trial experience to your case.
Arrested for DUI or Refused a Test? Get Help Now.
Don’t wait. Breath and blood test refusal cases have tight deadlines and serious penalties. We’re here to help you protect your license, your freedom, and your future.
📞 Scottsdale Office: (480) 584-3328
📍 11111 N Scottsdale Rd, Suite 225, Scottsdale, AZ 85254
📞 Lake Havasu City Office: (928) 854-8181
📍 2800 Sweetwater Ave, Suite A104, Lake Havasu City, AZ 86406
This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal guidance specific to your situation, please contact a licensed attorney at Rideout Law Group.