Breath Test Refusal DUI Attorney in Phoenix, Arizona

When an individual is stopped by law enforcement under suspicion of driving under the influence (DUI) in Arizona, one of the immediate decisions they face is whether or not to submit to a breath test. Refusing the breath test may seem like a way to avoid self-incrimination, but it comes with serious consequences that Faussette and Faussette PLLC can help with.

A refusal to take a breath test is treated differently from other types of DUI offenses in Arizona, and it can lead to severe penalties. As a result, having proper legal representation is crucial for anyone facing allegations related to breath test refusals. A qualified DUI attorney can help face the challenges that arise in these cases and defend your rights.

Our firm has been assisting individuals and families with protecting their rights since 2013, and I make sure that every case gets the attention it deserves. You’re the firm’s top priority when you step foot into your consultation, and if you’ve found yourself facing DUI charges, you’ve come to the right place for customized and skillful legal counsel in Phoenix, Arizona.

Arizona’s Implied Consent Law

Arizona, like many states, operates under an implied consent law. This law essentially means that by driving on the roads, individuals have already consented to submit to a chemical test (such as a breath, blood, or urine test) if they’re suspected of driving under the influence. 

If law enforcement asks a driver to submit to a breath test and the driver refuses, they may face automatic penalties, even if they’re not ultimately convicted of DUI. 

Refusing a breath test may seem appealing to some drivers, but it’s important to understand that under Arizona law, a refusal to submit to a breath test triggers automatic penalties, such as the suspension of a driver’s license. 

This suspension can last anywhere from 12 months to 24 months depending on the circumstances and prior offenses, according to the DOT. A DUI attorney can assess the case and work on strategies to minimize the potential impact of a refusal.

Penalties for Refusing a Breath Test in Arizona

The penalties for refusing a breath test in Arizona are severe, and the refusal can often lead to consequences that are just as significant as those for a DUI conviction. Under Arizona law, if an individual refuses a breath test, they face an automatic driver’s license suspension. 

The length of the suspension depends on prior offenses and whether there was a previous refusal in the last five years.

• First offense: A first refusal results in a 12-month driver’s license suspension. However, the driver can apply for a restricted license after 90 days of the suspension period. This restricted license allows the driver to drive to work, school, or other essential activities during the suspension period.

• Second offense: A second refusal within five years of a previous refusal results in a 24-month license suspension with no possibility of obtaining a restricted license during that time.

• Third offense: A third refusal could result in a more severe suspension and additional criminal charges, including possible jail time and hefty fines.

The refusal to take a breath test can also play a role in the prosecution of a DUI case. Prosecutors may argue that the refusal indicates a person’s consciousness of guilt, which could strengthen their case. Because of these potential penalties and ramifications, it’s crucial to seek representation from a skilled DUI attorney as soon as possible to protect your rights.

How I Can Help with Breath Test Refusals

A DUI attorney’s role is to help defend your rights and mount a strong case against any charges or penalties associated with a breath test refusal. There are several ways my firm can assist:

• Challenge the traffic stop: A DUI attorney will examine the circumstances of the traffic stop. If the police officer didn’t have reasonable suspicion or probable cause to stop you in the first place, the evidence obtained during the stop, including the refusal, may be challenged in court.

• Investigate the breath test refusal: If you refused the breath test, a DUI attorney can investigate whether the law enforcement officer followed proper procedures. Police officers are required to inform you of the consequences of refusal, and if they failed to do so, it may help your defense.

• Negotiate a reduced sentence: In some cases, a DUI attorney can negotiate with the prosecutor to reduce the penalties associated with a breath test refusal. This could result in a shorter license suspension, reduced fines, or even dismissal of the charges if there are mitigating factors in the case.

• Defend against DUI charges: If you were arrested for DUI following a breath test refusal, a DUI attorney will defend you against the DUI charge itself. Even if the breath test is refused, law enforcement may have other evidence, such as field sobriety tests or witness testimony, that could be used against you. An attorney can help contest the evidence and fight for a favorable outcome.

• Assist with license suspension hearings: In Arizona, you can request a hearing with the Motor Vehicle Division (MVD) to challenge the license suspension that arises from a breath test refusal. A DUI attorney will be well-versed in handling these hearings and can present arguments to have the suspension reduced or dismissed.

When you meet with me, I’ll take your specific situation into account to determine the best defense strategy for you.

What to Do If You’re Accused of Refusing a Breath Test

If you’ve been accused of refusing a breath test in Arizona, it’s important to take swift action. In Arizona, you have a limited window to challenge a license suspension following a refusal. Here are the steps you should consider taking immediately:

1. Contact a DUI attorney: The first step should always be to contact a DUI attorney who can guide you through the process. An attorney can protect your rights and help you handle the legal intricacies of DUI charges and breath test refusals.

2. Request an MVD hearing: After a refusal, you have 15 days to request an MVD hearing to challenge the suspension of your driver’s license. If you miss this deadline, you lose the ability to contest the suspension. A DUI attorney will handle the process of requesting and preparing for the hearing.

3. Don’t admit guilt: If questioned by law enforcement or others regarding the refusal, it’s important not to admit guilt. The statements you make during the arrest process can be used against you in court. A DUI attorney will help you understand what you should or should not say.

4. Gather evidence: If possible, gather any evidence that may support your defense. For instance, if you were asked to take the test but weren’t ’properly informed of the consequences of refusal, this could be a key point in your defense. Your attorney will work to gather all necessary documentation and evidence to challenge the suspension and charges.

Remember, there’s no need to panic if you’re accused of refusing a breath test. By taking the above steps and working with an experienced attorney, you can challenge the accusation.

Hiring a DUI Attorney for Breath Test Refusals in Arizona

Facing a breath test refusal charge in Arizona isn’t something that should be taken lightly. The consequences of refusing a breath test, from license suspensions to possible jail time, can have a lasting impact on your life. 

With the help of a qualified DUI attorney from Faussette and Faussette, you can work toward minimizing these consequences and potentially avoiding some of the penalties that come with a refusal. An experienced DUI attorney understands the nuances of Arizona DUI laws and how breath test refusals are treated within the criminal justice system. 

They know how to challenge the evidence, negotiate with prosecutors, and defend your rights in court. With the stakes being so high, it’s critical to have professional representation by your side to protect your future and minimize the impact of the charges.