You face immediate license suspension and the possibility of your refusal being used as evidence against you in court. This is because Arizona, like many states, has an "implied consent" law that requires drivers to submit to alcohol testing if suspected of driving under the influence (DUI). Breathalyzer refusal—a common mistake after being stopped for a DUI—violates this law and triggers harsh administrative and criminal consequences.
At Griffen & Stevens Law Firm, PLLC, our experienced Flagstaff criminal defense lawyers understand the high stakes involved when our clients face the decision of whether or not to submit to breath testing. We're here to explain the complex legal issues surrounding breathalyzer refusal and how your choice can impact your driving privileges and criminal case.
License Suspension for Breathalyzer Refusal
One of the most immediate consequences of breathalyzer refusal is the suspension of your driver's license. Under Arizona law, refusing a breath test after a DUI arrest can result in a 12-month license suspension, compared to a 90-day suspension if you take the test and fail.
This administrative suspension is separate from any criminal penalties you might face for a DUI conviction. It takes effect regardless of whether you’re ultimately convicted of drunk driving charges. However, you have the right to request a hearing to challenge the suspension within 15 days of your arrest.
At this administrative hearing, our skilled Flagstaff DUI lawyer may use the following defenses in your case:
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The officer lacked reasonable suspicion to make the DUI stop
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The arrest was unlawful
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You didn’t actually refuse the breath test.
Having our legal representation can significantly improve your chances of keeping your driving privileges.
Breathalyzer Refusal as Evidence in a Criminal Case
While you might think refusing a breathalyzer will help you avoid a DUI conviction, the reality is more complicated. In Arizona, prosecutors can use your refusal as evidence against you in a criminal trial.
They may argue that your refusal shows a "guilty mind" or that you knew you would fail the test if you took it. While this inference isn’t conclusive proof of guilt, it can sway a judge or jury, especially when combined with other evidence such as erratic driving, slurred speech, or poor field sobriety test performance.
Challenging this inference often requires a strategic approach. Our Flagstaff criminal defense attorney may argue that you refused because you were confused about your rights, had medical issues that prevented you from providing an adequate breath sample, or distrusted the reliability of the testing device.
Should I Ever Refuse a Breathalyzer?
Given the serious consequences of breathalyzer refusal, you might wonder if there's ever a situation where it makes sense not to agree to the test. The answer depends on the specific facts of your case.
In some situations, the administrative and evidentiary consequences of refusing might be less severe than the penalties for an extremely high blood alcohol content (BAC). For example, if you believe your BAC is significantly over the legal limit of .08%, a 12-month license suspension for refusing might be preferable to the longer suspensions and mandatory jail time that come with an extreme DUI conviction.
However, this is a highly fact-specific analysis that’s best made with the guidance of an experienced Flagstaff DUI lawyer. Without knowing the details of your situation, a general rule of thumb is to err on the side of taking the test to avoid the administrative and evidentiary consequences of refusal.
Protecting Your Rights After a DUI Arrest
If you’re arrested for DUI in Flagstaff, it's essential to seek legal guidance right away. At Griffen & Stevens Law Firm, PLLC, our knowledgeable criminal defense attorneys help you understand the implications of breathalyzer refusal and build a strong defense strategy tailored to your unique circumstances.
Whether you refused a breath test, have trouble with the results of your field sobriety tests, or are facing other DUI charges, we have the skills and experience to protect your rights and fight for the best possible outcome in your case.