DUI and Administrative – Implied Consent
Your favorite team just won and you’re coming home from the bar where you watched the game. Sirens blare and you are pulled over. The police officer states you have been swerving outside your lane. The officer asks for sobriety testing. What do you do?
Do I have to take a field sobriety test?
No. The first test of sobriety maybe the HGN test also called the pen or eye test. Often this test is dubious in its accuracy and it may be unwise to participate in this preliminary test. Field sobriety tests include following an object or light with your eyes, walking in a straight line, touching your nose with your finger, and the alphabet test. However, if the police officer requests a chemical test, you must consent.
What is Admin Per Se/Implied Consent?
Any person who operates a motor vehicle in Arizona gives consent to have their blood, breath, urine or other bodily substance tested for the purpose of determining alcohol concentration or drug content if the person is arrested for DUI or underage DUI. The law enforcement officer must have reasonable grounds to believe that the person was DUI or underage DUI. Swerving your car may be a valid reason. By driving a motor vehicle on Arizona roads, you imply consent to provide a chemical test if the officer has reasonable grounds to believe that you are driving impaired. Hence the name, “Implied Consent.” Under Arizona Law, blood, breath, or urine to test for impairment is gathered by consent, warrant, or medical blood draw pursuant to A.R.S. § Section 28-1388E. If you refuse to provide a breath, blood, or urine test, the police officer will contact a judge who is available 24 hours a day to issue a telephonic search warrant. There are severe Arizona Motor Vehicle consequences for you if a search warrant is required for bodily fluid sampling.
Refusal to provide a chemical sample.
If you have refused to provide the officer with a chemical sample, the police officer will inform you that your driver’s license will be suspended for 12 months. Even though the police officer ultimately obtained a chemical sample through a search warrant, your refusal will result in a 12 month suspension.
You will either receive an Admin Per Se Affidavit or Corrective Action Notice, advising you that you have a right to be heard by an Administrative Law judge at the Executive Hearing Office of the Motor Vehicle Division. Be aware of the strict timelines for requesting the hearing. If you do not request a hearing within the timelines indicated on the Admin Per Se Affidavit or Corrective Action Notice, your right to a hearing will be forever waived. Be aware, that if you do not request a hearing within the fifteen (15) day time frame, your ability to request a hearing will be forever lost. Arizona has tough DUI laws. Ramifications to you for a DUI are complicated and involve both the criminal court and the MVD. You should always consult an experience Arizona DUI lawyer, if you are arrested for a DUI.
If you or a loved one have been charged with a misdemeanor or felony DUI, it is important to have an experienced DUI attorney on your side. At Oracle Law Group Office, P.C., we have veteran DUI attorneys who will aggressively defend you as well as coach you through this difficult time. Contact us today to schedule a free consultation.