Do I Have to Submit to A Breathalyzer Test in Arizona?
If you are driving down the road and a police officer pulls you over because there is reason to believe you are driving under the influence, he or she will take note of your behavior. Such as how you retrieve your driver’s license, insurance card and registration. They will also pay attention to your speech and be attentive to the odor of alcohol. You might be asked to perform a field sobriety test, but you can politely decline. Many people, who are not under the influence, cannot successfully pass the field tests. People who have certain medical conditions and/or disabilities cannot keep their balance or perform the tasks they are asked to do during that test. However a breathalyzer test in Arizona is different.
Arizona is an implied consent state. That means by driving a vehicle in the state, you are consenting to taking a chemical test. A chemical test is a breath, blood, or urine test that checks for drugs and alcohol. You could decline this test, but if you do, you will face a suspension of your driver’s license for at least a year. If you take the test and your blood alcohol content (BAC) is .08 percent, which means you are legally intoxicated, you could face a suspension of your driver’s license for anywhere from 30 days to 90 days. If you agree to submit to the test, you will be transported to either the police station or to a testing site for the test to be performed. Certain procedures must be followed to make the results valid.
What Are the Different DUI Charges in Arizona?
Not all Arizona DUI charges are the same. The Arizona DUI laws allow for different charges and different penalties. The state laws indicate that a BAC of .08 or higher means you are driving under the influence. A BAC of .08 to .14 percent means you will be charged with DUI and DUI with a BAC over .08 percent. If you have a higher BAC, which is over .15 percent, you will face charges of DUI, DUI with a BAC over .08 percent, and extreme DUI. Of course, different DUI charges result in different DUI penalties based on state laws. An Arizona DUI conviction will result in the suspension of your driver’s license, could lead to jail time, hefty fines and fees, and could require you to use an ignition interlock device.
In Arizona, if you are convicted of DUI you must have an ignition interlock device installed on your vehicle. Revisions to the state DUI laws in recent years allow those convicted of DUI to spend less time in jail if there is an ignition interlock device installed on their vehicle. Before the laws were changed, anyone convicted of extreme DUI in Arizona was required to spend 30 days in jail before additional time could be suspended. Currently, if an ignition interlock device is installed, the driver convicted of extreme DUI in the state can have their jail time suspended after having served only 9 days in jail. A super extreme DUI conviction used to require a minimum of 45 days in jail, but now, with the agreement to install an ignition interlock device only 14 days are required. To operate a vehicle with an ignition interlock device, the driver must provide a breath sample. The vehicle will not operate unless the BAC is 0.00.
What Should I Do If Charged With Arizona DUI?
If you have been charged with DUI in Arizona, you should consult with a criminal defense lawyer who is experienced with DUI laws and breathalyzer test in Arizona. Don’t waste time. Seek legal guidance right away to ensure your rights are protected.