If I am pulled over for a DUI must I give consent for a chemical test?

by Aaron Black • September 22, 2017
You have rights if you are pulled over for a DUI in PhoenixIt is imperative that you know your rights should you be pulled over for suspicion of drinking and driving, especially when it comes to a blood draw, breath or urine 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 warrant

Arizona 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.
The police will probably arrest you because the Officer will say that they could smell the odor of alcohol or they noticed bloodshot and watery eyes, your voice was slurred, or you are swerving. There is no need to help them more by doing the tests.

Contrary to popular belief, your license will not be suspended if you refuse the PBT.

Learn more about your rights!

We all have Constitutional Rights, and as a DUI Defense attorney in Phoenix I defend the rights of my Client in court. Contact Aaron Black to learn more about your rights or you have been pulled over for a DUI and feel that the government has overstepped their bounds. Need help immediately? Call 480-729-1683 to set up a free consultation today.

 

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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