Arizona DUI Laws and Implied Consent

By The Husband and Wife Law Team on June 13, 2013

What does it mean to give implied consent in the state of Arizona? It means that if you choose to operate a motor vehicle and you are pulled over on the suspicion of driving under the influence of drugs or alcohol, you are subject to tests “chosen by the law enforcement agency,” according to ARS 28-1321. There were 236 fatal, alcohol-related crashes in the state in 2011. It is important that drivers know the potential impact of their decision to drive while under the influence, and it is also important they know how the law works.

Arizona Implied Consent Laws

According to ARS 28-1321, if a person chooses to operate a motor vehicle or are found to be in physical control of a motor vehicle while under the influence of drugs or alcohol, they are subject to tests. Officers have the right, under the law, to test if they suspect:

1. A person is intoxicated
2. The person has alcohol or drugs in their system and they are under the age of 21

Can a person refuse to take a test? Yes, but their license or driver’s permit will be suspended or denied for one year, or if they are a repeat offender, for two years. Their best, and safest, decision is to avoid driving altogether while under the influence. The decision could save their own life and the lives of countless others who they could come in contact with while on the road.

Arizona DUI Test Results

DUI blood and breath alcohol tests show many things, but most importantly they show who is driving under the influence. The Husband and Wife Law Team can use the results of these tests to obtain settlements for victims of drunk driving incidents and their families. Here’s what the tests look for:

1. A blood or breath alcohol concentration of .08 for people with regular driver’s licenses
2. A blood or breath alcohol concentration of .04 or more for people operating a commercial vehicle
3. A drug or metabolite is in the person’s system and they don’t have a valid prescription

If the tests show that any of this is true, the person faces very severe consequences. For those who harm others, Mark and Alexis Breyer work to collect evidence against them in order to help victims who were injured or killed. We take drunk driving very seriously, and so should you.