The Law Offices of John Phebus

No real benefit to breath test refusal

Getting pulled over for suspicion of driving under the influence is a significant allegation. Police officers will likely question an individual and often times at least attempt to perform a breath test.

If it is determined that a driver's blood-alcohol content is above the legal limit, which in the state of Arizona is .08, there are often serious consequences to which one must face. Punishments for a DUI offense could include license suspension or a revoked license, and perhaps even fines or a jail sentence.

However, according to FindLaw, a breath test refusal by the suspected individual will likely conclude the same way. According to the National Highway Traffic Safety Administration as cited in the FindLaw article, approximately 20 percent of people who are pulled over refuse a breath test.

Despite some people who may consider that refusing a Breathalyzer is a constitutional right, implied consent is in effect anytime drivers are on the road. This begins immediately after an individual receives their license and operates a vehicle. Drivers ultimately sacrifice their rights to refuse a Breathalyzer in exchange for the privilege of driving in the first place. 

Whether or not the suspected party submits to a breath test, police may be allowed to force the individual to submit with a warrant. Additional facts present at the scene, such as suspicious behavior and any witnesses, could be included against the individual in a trial.

If you or someone you know has refused a breath test or is considering challenging a breath test results, it is important to seek the legal counsel of a licensed professional who can offer helpful guidance and support.

No Comments

Leave a comment
Comment Information

Free Consultations

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Glendale Office
17505 N. 79th Avenue Suite 214
Glendale, AZ 85308

Map & Directions

Phoenix Office
40 North Central Avenue
Suite 1400
Phoenix, AZ 85004

Map & Directions

Tempe Office
60 East Rio Salado Pkwy
#900
Tempe, AZ 85281

Map & Directions

Scottsdale Office
7150 East Camelback Road
Suite 444
Scottsdale, AZ 85251

Map & Directions

We Accept
VISA | MasterCard | American Express | Discover Network | PayPal