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Arizona DUI Attorney Explains Implied Consent Statute

Posted by Shawn Hamp | Nov 06, 2013 | 0 Comments

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Under Arizona law, if a law enforcement officer has reasonable grounds to believe that a person is driving or is in actual physical control of a vehicle on a public road while under an alcoholic beverage or a controlled substance's influence, the person is deemed to have consented to an evidentiary breath, urine or blood test, at the officer's discretion, to determine whether a controlled substance or alcoholic beverage is present.

Arizona DUI Attorney explains Implied Consent laws that provide for the driver to submit to a breath, urine or blood test after a DUI or drunk driving arrest and certain administrative consequences to an Arizona driver's license. In Arizona a person does have a right to refuse an evidentiary test of their blood.  However, if they refuse the officer may serve the driver with a suspension of their driving privileges for twelve (12) months and may obtain a search warrant from a magistrate to authorize the forcible seizure of a defendant's blood in order to test it for alcohol or a controlled substance.  This usually means strapping a person down to a gurney and withdrawing the blood. 

Implied Consent Law – Arizona Revised Statute 28-1321

The implied consent statute is Arizona Revised Statute 28-1321 which relates to the preliminary and evidentiary testing of drivers after a DUI arrest. Under the Implied Consent Statute, any person who is arrested for DUI shall be deemed to have given his consent to an evidentiary chemical test of his blood, breath or urine to determine the concentration of alcohol or whether a controlled substance, chemical, poison, organic solvent, or other prohibited substance is present.

Blood Draw of from Unconscious Driver in Arizona

If the officer determines that the driver was under the influence of alcohol or a controlled substance and the driver is unconscious, then the law enforcement officer shall direct that samples of the blood be taken from the driver so that the samples can be tested for the presence of alcohol or a controlled substance.

Forced Blood Draw under Arizona Law

Furthermore, the officer may force a person to submit to a blood test if the arresting officer has reasonable grounds to believe that the person was driving under the influence and obtains a search warrant if the person refuses to give a valid evidentiary sample.

If an individual is arrested for DUI and blows under the legal limit and the arresting officer believes that the driver is under the influence of a controlled substance, then the officer can direct the person to submit to a blood or urine test, or both in addition to the breath test.

About the Author

Shawn Hamp

President and lead counsel for the Law Offices of Shawn B. Hamp, P.C. (An Arizona Professional Corporation), Shawn Hamp has practiced law for more than 15 years with an emphasis in criminal law. An experienced trial attorney, Mr. Hamp has been lead counsel in hundreds of criminal trials and court...

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