What if I refuse the preliminary breath test?

by Aaron Black • May 30, 2016
Man pulled over for DUIIf you have been pulled over for suspicion of a DUI in Maricopa County the police will often ask you to blow into a Preliminary Breath Test (PBT). You have the right to refuse the field sobriety test as it is only used by the police to obtain a probable cause to arrest you and it is not admissible in court. Although popular belief is that your license will be suspended if you refuse the PBT, this is not the case.

Many people confuse the PBT with the blood/breath test that is administered after a person has actually arrested for a DUI in Maricopa County. In this case if you do not give breath/blood after you have been taken to the station, your license will in fact be suspended for a year. This is called “Admin Per Se/Implied Consent.”

Arizona’s Implied Consent law states that if you are arrested lawfully by an officer who has grounds to believe that you have been driving under the influence of drugs or alcohol, then you automatically consent to taking a breath, urine or blood test to determine your blood alcohol (BAC.) However, before you submit to the blood/breath test always ask for a confidential phone call with a DUI lawyer.

As a DUI Lawyer representing clients in Maricopa County, at the Law Office of Aaron Black, my ultimate goal is to achieve the dismissal of your case and I will aggressively and personally defend you in court against the DUI charges against you.

Unlike large firms that want as many cases as possible I represent a limited number of clients at any given time which allows me to give the personalized service that you expect from a DUI attorney.

If you have been arrested for a DUI in Maricopa County and you refused the PBT please contact Phoenix DUI Defense Attorney Aaron Black or call 480-729-1683 to discuss your case 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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