Consequences of Refusing a Breathalyzer Test in Arizona

If you’re pulled over for suspected DUI in Arizona, one of the most critical decisions you may face is whether to submit to a breathalyzer test. While you have the right to refuse the test, doing so triggers serious and immediate consequences—even if you are never charged or convicted of DUI.

Arizona operates under an ‘implied consent’ law (A.R.S. § 28-1321), which means that by driving on Arizona roads, you automatically agree to submit to a chemical test (breath, blood, or urine) if lawfully arrested for DUI. Refusing to take the test can be used against you in court and triggers administrative penalties from the Arizona Motor Vehicle Division (MVD).

Administrative License Suspension:

– First refusal: 12-month suspension of your driver’s license
– Second refusal within 84 months: 24-month suspension
– These suspensions take effect even if you are not convicted of DUI in criminal court
Upon refusal, the officer will typically serve you with a notice of suspension and confiscate your driver’s license on the spot. You will be given a temporary permit valid for 15 days. During this window, you can request a hearing with the MVD to challenge the suspension—but time is limited.

Use in Court:

Prosecutors may argue that your refusal indicates consciousness of guilt. Judges and juries can consider the refusal as evidence against you when deciding whether you were impaired. This weakens your defense, especially if other evidence (e.g., field sobriety tests, officer testimony) is presented.

Other Consequences Include:

– Increased penalties if convicted
– Mandatory alcohol education or treatment
– Installation of an ignition interlock device after license reinstatement
– Higher insurance premiums or SR-22 insurance requirements

Importantly, refusing a breathalyzer does not guarantee that your blood won’t be tested. If an officer obtains a warrant, they can compel a blood draw—sometimes at the roadside or a hospital. Refusal can also extend the length of time you’re detained and may escalate the encounter.

What You Should Do:

– Remain polite and respectful
– Ask if you’re under arrest
– If arrested, you may decline the test—but know the consequences, your license WILL be suspended for 12 months.

You have the right to request to call an attorney DURING the encounter. This can provide you precious time that may be needed to delay your chemical testing and ensure that you make the correct decisions in real time. After the encounter ends:
– Immediately request a hearing to contest the license suspension
– Contact a DUI attorney without delay

At Molina Law Group, we represent clients in both criminal and administrative MVD proceedings. We fight license suspensions, analyze police conduct for constitutional violations, and challenge the reliability of all DUI-related tests.

If you’ve refused a breath test or are facing DUI charges in Arizona, contact us today. We’ll act fast to protect your license and your rights.