Implied Consent: The Police Can Force Me To Do WHAT???
Can the police force you to take a blood or breath test if you are stopped for DUI? Many drivers believe incorrectly that they can refuse to take the tests as a means of avoiding a DUI charge. Nothing could be further from the truth, and it is important that you understand the consequences of refusing a blood or breath test when a reasonable request is made by Arizona law enforcement officers.
Search and Seizure Laws
The Fourth Amendment of the United States Constitution protects you against unreasonable search and seizure. Under normal circumstances, the police cannot force you to take a blood or breath test unless they have a search warrant based on probable cause that a crime has been committed. That means that, in theory, the police cannot force you to take a blood or breath test when you are pulled over for DUI unless they first obtain a search warrant. However, it is very important to remember that this is not the whole story for a driver who is stopped by law enforcement on suspicion of DUI. In Arizona, you give up the right to refuse a blood or breath test when you voluntarily apply for a driver’s license. Therefore, even if the police do not force you to take the test, they can still charge you with the refusal to take the blood or breath test, which will cost you your driver’s license and may lead to the same penalties as a DUI conviction.
What Happens When I Refuse?
In Arizona, the refusal to submit to a blood or breath test for alcohol is, in and of itself, a crime. You can easily be convicted of this crime if you refuse to submit to testing when a police officer has pulled you on suspicion of DUI. If convicted, you will probably face high fines, loss of license, jail time and other penalties. However, you do have other rights when you are arrested. You can demand that a simultaneous test be performed by a third party so that the results can be compared to the police test. You can also demand that you be allowed to speak to your attorney. If you are pulled over for DUI, be sure to contact the criminal defense attorneys at the Oswalt Law Group in Phoenix. We can help you deal with the consequences of a DUI charge.