Arizona Implied Consent
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Do you have an Arizona driver’s license? Did you know that you and every other driver on the road have agreed to blood alcohol chemical testing? They don’t mention that when you’re signing up at the DMV, do they? Although they have plenty of time to do so since many of us spend half a day in line! Our legal system refers to this as “Implied Consent”. Simply put, if your drive on the roads, you’re agreeing to submit to a chemical test if properly requested by police. And by properly we mean that the police did not bribe or coerce you into submitting to a test.
The courts have determined that driving is considered a privilege. As such, it is not a freedom that is totally protected. Driving while intoxicated is considered enough of a threat to other motorists to warrant chemical tests when there is reasonable suspicion of intoxication. Refusal to submit may result in a license suspension of 1 year. Any suspension from test refusal or failure is in addition to DUI charges.
Chemical tests can be obtained from a sample of urine, blood, or breath. The driver may be able to reasonably request that the test be administered at a location of their choosing. To keep driver’s rights from completely eroding, the driver is given a temporary permit by the officer (usually good for 15 days). This allows the suspect to request a hearing with the MVD and protect their license suspension. The main defenses revolve around the police officers’ conduct. The officer should have evidence of probable cause before requesting the test and explain the consequences of test refusal.
Protect your future and preserve your good name!
Regardless of the constitutional debate and personal views of Implied Consent, it is the law. The consequences of violating the law can have far-reaching effects that are not immediately noticed. Being stuck without a license adds complexity to your life. It’s crucial that you contact a DUI lawyer immediately regarding your case. DUI law is complicated and it’s always changing. Lawyers specializing in DUI law defend situations like yours everyday and know the best way to defeat your DUI charges!
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