Refusal of Blood or Breath Tests

What happens if I refuse to take a blood or breath test?

Although field sobriety tests administered prior to an arrest are strictly voluntary, our state’s implied consent law dictates that you consent to take a blood or breath test once arrested if you have been stopped by an officer who had reasonable cause to believe that you were, in fact, driving under the influence. If you refuse to submit to these tests, your license will be taken away for one year, assuming this is your first such refusal.

Penalties increase for any subsequent refusal. If you have refused the chemical test, your legal trouble has just begun; it is imperative that you are represented by a highly skilled trial lawyer that can review your situation and determine the best possible strategy to help you to fight conviction.

At the Davidson Criminal Defense & DUI Law Firm, PLC, you will be served one-on-one by a highly skilled attorney who formerly served as a prosecutor that tried felony drug crimes and other serious offenses.

There is no doubt that the quality of your defense lawyer could be the most important factor in the final outcome. Get a case review immediately; there may have been serious errors in police procedure or other factor in your case that could allow you to avoid the penalties that could be imposed upon you.

While the consequences of refusing a test are significant, this state is notoriously harsh when it comes to prosecuting DUI cases; those convicted face severe penalties that could be substantially worse than a one-year license suspension.

Most people who refuse to take these tests do so because they think it will prevent the prosecution from having the evidence to convict, which is not the case. You can still be convicted, without evidence of your blood alcohol concentration (BAC); in this state, either a BAC of .08 or greater, or showing signs of impairment while driving can lead to a conviction, even when the other condition is not present.

Phoenix DUI Attorney

If you’ve been arrested for a DUI and are uncertain as to whether or not you should submit to testing, or you have already refused or submitted to breath or blood testing, then you need the help of a skilled Phoenix DUI lawyer. Joshua S. Davidson is known for his passionate and aggressive defense of every client he takes, and when you retain his professional services, he will work tirelessly to have your charges reduced or dismissed.

As a former prosecutor, he is well acquainted with the strategies the prosecution will use against you, and he will be well prepared to defend you in court.

Contact our firm online today or call (602) 493-3600 to learn more.