If I am pulled over for a DUI must I give consent for a chemical test?
Recently a nurse in Utah was arrested for refusing to draw blood on an unconscious patient that was injured in a car crash. Her refusal to perform the blood draw was because it was against policy.
Arizona Law requires either consent or a warrantArizona law requires that you give consent to the chemical tests and if you refuse then the officer must get a warrant. If you do consent to the breath or blood test, your license will be suspended for 90 days. Under most circumstances, after 30 days of no driving you will be able to get a restricted license. Please also be aware that if you are arrested for DUI and refuse (by not consenting or not answering the officer) the blood, breath or urine test, your license will automatically be suspended for one year. The suspension can be longer if this is your second DUI offense.
Always ask to speak with a lawyer prior to consenting to the breath or blood test.
In most cases, the officer either gets consent from the suspect, or they get a warrant. "There are judges on call 24 hours a day and it can take probably 5 minutes to get a warrant through a fax, they have email warrants now, or you can call up and get one over the phone," said Phoenix lawyer Aaron Black in a recent CBS 5 interview.
What should I do if I was arrested for a DUI in Phoenix?
- Always be civil with the officer
- When asked, respectfully provide your license, registration, and insurance. Refusal to do so will only make matters worse
- Obey the Officer if asked to step out of your vehicle
- If the officer asks you if you have been drinking, invoke your 5th Amendment Right. Your 5th amendment right is the right to remain silent
- Immediately request an attorney
- Politely refuse all field sobriety tests such as the eye test, the walk & turn and the one leg stand
- When asked, refuse the preliminary breath test (PBT). The PBT is a small breath machine that is carried by officers that can be administered on the side of the road.
Contrary to popular belief, your license will not be suspended if you refuse the PBT.