Legal Advice for Refusal Cases and Implied Consent Hearings
Applying for an Arizona driver's license carries with it the driver's "implied consent" to a test of the driver's breath, blood, urine or other bodily substance for the purpose of determining blood alcohol concentration, or BAC. The sanction for refusing an officer's request for a test is a 1-year suspension of your driving privileges.
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Some drivers, especially those with prior DUI convictions or otherwise at risk of especially severe drunk driving penalties, may believe that it's better to refuse the officer's request for a blood or breath test after a drunk driving arrest.
Unfortunately, this decision often has a way of backfiring. Upon refusal, the arresting officer will routinely obtain a search warrant on short notice for getting a blood sample from you, and your refusal will results in the 1-year suspension and will have gained you nothing on your DUI defense. Nevertheless, an experienced criminal defense lawyer can help you avoid the worst consequences of a drunk driving conviction while looking for ways to avoid the lengthy license suspension that follows a violation of the implied consent laws.
At The Gillespie Law Firm in Phoenix, our DUI attorneys guide clients through both the criminal and administrative challenges of a drunk driving arrest. If you refused a blood or breath test, you can request a hearing on the implied consent violation. Our investigative and strategic approaches to the defense of MVD license suspension hearings can help you find the most promising grounds for attack on the four issues that an implied consent hearing can address:
- Whether the officer had reasonable grounds to believe that you were driving or in actual physical control of the vehicle while under the influence
- Whether you were placed under arrest
- Whether you refused to submit to the test
- Whether you were informed of the consequences of refusal
Although these are primarily the issues in dispute in an Arizona implied consent hearing, our experience with the investigation of your particular DUI case may lead to any one or several other important points which may be critical to the outcome of the hearing.
For additional information about our experience with Arizona's implied consent laws and procedures, contact The Gillespie Law Firm for a free consultation in Phoenix.
