The Law Offices of John Phebus

Breath Test Refusal Archives

Should you refuse a breath test if you have been drinking underage?

With the state's penalties for underage drinking being as high as they are, it can be tempting to resist medical testing for intoxication, especially if you believe that you are not intoxicated but have had enough alcohol to break the statute regarding underage drinking. It seems like a slam-dunk idea, especially if you believe you can pass standard field sobriety tests, which demonstrate the ability to safely operate a motor vehicle without impairment. Learn how that may not be the best decision.

What do you not have to do at a DUI stop?

In today's emotionally charged dealings with police, cooperation is absolutely essential to your safety and future. However, that does not mean you have to allow an officer to subject you to anything incriminating or illegal. You have the right to fair treatment. What you do when you are pulled over for drunk driving can greatly affect the proceedings of your case, so be prepared and learn the best way to act to avoid making your DUI charge harder to fight.

What does implied consent in DUI arrest mean under Arizona law?

Arizona residents may be aware that this state is an "implied consent" state with regard to testing for alcohol or drug intoxication while driving. This post addresses some of the questions that can arise in connection with implied consent.

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.

Arizona bill would attach fine to waterway breath test refusals

A lot of drunk driving charges in Arizona are based on breath tests that help determine the blood alcohol content in a suspect. The driver is asked to blow into a system that takes a sample of the individual’s breath. The sample is then run through the machine, measuring the alcohol by way of a chemical reaction.

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