What Happens if You Refuse a Test After a DUI Arrest?

Posted by Raymond Kimble | Feb 02, 2017 | 0 Comments

One of the first things people think of after being arrested and cited for Driving While Impaired, Extreme DUI, Super Extreme DUI or Aggravated DUI in Arizona is whether they will lose their drivers license.  Undoubtedly, this is a major concern as people rely upon their ability to drive to get back and forth to work, take their kids to school and activities and run everyday errands.  The effect a DUI can have on a your drivers license in Arizona generally falls into two categories. One of those is known as an "Implied Consent Suspension."

Drivers License Suspension After Refusing a Blood, Breath or Urine Test:

After being arrested for DUI, you may be served with a Notice by the arresting officer that your drivers license will be suspended in fifteen days.  This Notice is usually provided to you in duplicate copies on pink and yellow paper.  The length of the potential suspension will depend upon whether you consented to a test of your breath, blood or urine after being requested to do so by the arresting officer or whether you refused to take a test.

What is an Implied Consent Suspension?

A.R.S . 28-1321 states that a person who is licensed to drive in Arizona gives their consent to a test of their breath, blood or urine if they are arrested for DUI.  If you are arrested for DUI and refuse to provide a breath, blood or urine sample you will be served with a notice that your license is subject to a one year suspension.  The suspension will begin on the fifteenth day after the date you were served.

Can You Fight the Implied Consent Suspension?

If you have refused a test following a DUI arrest, you should immediately contact an experienced DUI lawyer to protect your driving privileges.  Your attorney must request a Hearing on the proposed suspension with the Motor Vehicle Division within the fifteen day grace period.  Once a Hearing is requested, the suspension is postponed.  MVD will usually schedule an Administrative Hearing within six to eight weeks after receiving the request.

What Happens at an Implied Consent Hearing?

When your Hearing is scheduled, the arresting officers will be notified to testify concerning their investigation.  The officers must prove by a preponderance of the evidence that there was reasonable grounds to believe you were driving a motor vehicle while impaired, that you were arrested for DUI, that the officer requested a sample of your breath, blood or urine and that you refused to provide a sample.  The officers must also show that you were advised of the consequences of refusing to take a test.  You can also testify through questions asked by your attorney regarding your version of the incident and argue that the one year revocation or suspension should not be imposed.

What Happens if the Implied Consent Suspension is Upheld?

If, after hearing all of the testimony, the Administrative Law Judge at MVD determines that you refused to participate in testing, an order will be entered to suspend your drivers license for one year.  This start suspension can be delayed up to thirty days from the date  of the Hearing. Fortunately, and if you've never been charged with DUI before, you may be able to shorten this suspension period to three months.  After the first three months of an Implied Consent Suspension, you can apply for a restricted drivers license.  To qualify, you will be required to place an ignition interlock device on your vehicle.  Once the interlock is installed and you are issued a restricted license, you are permitted to drive for work, to school and to medical appointments.

How Can You Reinstate Your Drivers License After an Implied Consent Suspension?

Once the one year revocation period has passed, you will be eligible to apply for reinstatement of your Arizona driving privileges. You must submit your application to the Arizona MVD.  Additionally, you will also be required to provide proof of SR22 Insurance.  This is a high risk insurance bond which shows you have minimum liability coverage as a licensed driver and on any vehicle you may operate.

If you, a family member or loved one has been charged with DUI or any other criminal offense in Arizona you are well advised to immediately contact an experienced DUI or criminal defense lawyer who regularly represents people charged with these types of offenses.  Attorney Raymond Kimble has represented people charged with DUI and other crimes in  Tempe, Mesa, Chandler Phoenix, Scottsdale and other cities throughout Maricopa and Pinal Counties during the last twenty years and has achieved tremendous results for his clients.

 Ray Kimble can be reached directly for a free consultation at (480) 833-8613 or by visiting his website  

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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