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Field Sobriety Tests
The implied consent rules should not be confused with your right to voluntarily submit to or refuse to take a roadside field sobriety test before an arrest is made. Field sobriety tests are completely voluntarily. If you submit to being tested, you might be arrested anyway, and the evidence obtained by the arresting officer during the test can be submitted as evidence against you.

Refusal to Submit to Alcohol Testing
If a driver refuses to complete the breath or blood test(s) as requested by the officer, then the statute mandates that none shall be given with two exceptions. First, the officer can attempt to obtain a search warrant for a blood sample. Second, if a sample of the driver's blood or urine is taken for any other reason within two hours of the time of driving (e.g., a doctor may require a blood sample because some medical procedures cannot be safely performed if alcohol or drugs are within the body), the officer is entitled to a portion of that sample. Refusing to submit to testing for alcohol content will result in a twelve month suspension of driving privileges, regardless of the outcome of the criminal trial in most cases.

Suspension of Driving Privileges
If a suspension appears warranted the officer will issue it on the day of the arrest. It will commence fifteen days from the date it was issued and the driver is then prohibited from operating a motor vehicle. The loss of driving privileges can occur before the driver has been convicted. In fact, it usually begins well in advance of the trial.

Your Tucson DUI lawyer wants you to be well informed. We are providing this summary of Arizona DUI Law to keep you informed of your rights and responsibilities. By knowing the law, you can know your rights.

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Trezza & Thrush
4011 E. Broadway, Suite 101, Tucson, Arizona 85711
Phone: 520.327.3442 / Fax: 520.327.0125
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