It is not uncommon for individuals to refuse testing during a DUI stop. People often think that the results of a breath or blood test will worsen the outcome of their case, but this is not always true. Refusing DUI testing in Mesa can have detrimental impacts, so it is important to be aware of how this can affect their case. Speak with a knowledgeable DUI attorney at Grand Canyon Law Group to learn more about the effects of refusing blood or breath tests during an arrest.
Mesa DUI cases usually involve a blood draw. An officer will draw two tubes of blood. One of those tubes will be used by the prosecutor’s office or the crime lab to test the blood for whatever it contains, whether it is alcohol or drug content. The other tube remains in police storage. This tube can be pulled out and re-tested at a defense attorney’s request in certain situations.
Arizona law states that a person is required to consent or must give consent to a sample of their blood, breath, or other bodily substance as a result of a DUI arrest. The implied consent law states that by choosing to drive a vehicle in the state, an individual is inherently consenting to a blood or breath test upon arrest for driving under the influence. While a driver can still refuse testing, this may result in serious consequences.
If an individual in Mesa refuses to comply with DUI testing, the arresting officer will advise them that their privilege to drive will be suspended for a year. This will come through the Arizona Department of Transportation.
The first time a driver refuses a blood, breath, or urine test in a DUI stop, their license will be suspended for one year. Within a period of seven years, if a person refuses to give consent for a second time, their license will be suspended for two years.
People who refuse to comply with DUI testing may also face mandatory enrollment in a DUI/alcohol education course. If someone wants to get their restricted license so they can drive during their suspension, they may need to enroll in substance abuse screening and counseling. Additionally, if their license is revoked, they will need to complete some counseling to get their license back.
If you refused testing during a DUI stop and are now facing unfavorable consequences, you are not without options. A committed DUI lawyer at Grand Canyon Law Group can help you apply for a restricted license and work with you to build a robust defense against your charges. Schedule a free consultation with a member of our legal team today to go over your case in more detail.