Justia 10.0 Lawyer Rating
Lead Counsel Rated LC
State Bar of Arizona
NACDL Member
National College for DUI Defense General Member
National Association of Criminal Defense Lawyers
National College for Dui Defense
Let Justice Be Done Fiat Justitia
Supreme Court
Supreme Court of The United States
The National Top 100 Trial Lawyers
Nationally Ranked Superior DWI Attorney By the Nafdd 2014
Avvo Rating 10 Superb Top Attorney Criminal Defense
Avvo Rating 10 Superb Top Attorney DUI & DWI
Avvo Clients' Choice 2016 Criminal Defense
Avvo Clients' Choice 2016 DUI
Avvo Clients' Choice 2015 DUI
PlusBuz.com Award
Avvo Clients' Choice Award 2017 James E. Novak

Implied Consent and Chemical Tests

Implied Consent and Chemical Tests

Any person who drives a motor vehicle in Arizona gives consent to a test or tests of their blood, breath, urine or other bodily substances so law enforcement can determine alcohol concentration or drug content if the person is arrested for DUI under A.R.S. 28-1321. These test results will be used by the prosecution in an attempt to prove that the accused individual was driving when intoxicated or under the influence of drugs. However, it’s important to remember that these test results can be wrong for various reasons, which a knowledgeable DUI lawyer can use to your advantage.

Mesa Implied Consent Attorney

James Novak, an experienced DUI attorney in Mesa, can help you overcome the results of a chemical test of the breath, blood or urine. His attention to detail and understanding of the technical nature of test results can help pursue motions to suppress evidence and other favorable strategies. James Novak represents men, women, and youth facing criminal and civil DUI proceedings in Maricopa County, AZ. This includes Phoenix, Mesa, Tempe, Scottsdale, Gilbert, Chandler, and nearby areas. Call (480) 413-1499 to discuss your case during a free consultation and begin setting the foundation for a strong defense.

Implied Consent under Arizona Revised Statutes

Under Arizona law, the police officer chooses the type of test, and administered at his/her direction, so long as the officer has reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle either:

  • While under the influence of alcohol or drugs; or
  • If the person is under age 21 with alcohol in the person’s body.

Refusal to Take a Chemical Test

If you “refused” to take the breath, blood or urine test, the police will serve you a notice of a 12 month suspension of your driver license, or privilege to drive if you are from out of state. This suspension becomes effective 15 days from the date of service unless you request a hearing. If a hearing is requested your driver license or privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined. IF YOU REFUSE THE POLICE WILL OBTAIN A WARRANT AND TAKE A BLOOD SAMPLE ANYWAY.

Any failure by the person arrested for DUI to expressly agree to the test, or to successfully complete the test is deemed a refusal.

Prior to the test, the suspect must be informed that if the test shows a blood or breath alcohol concentration (BAC) of 0.08 or more if the arrest involved a personal vehicle, or 0.04 or more if a commercial vehicle was involved, the person’s license will be suspended for at least 90 consecutive days.

A person who is dead, unconscious or otherwise incapable of refusing to submit to a test is deemed not to have withdrawn consent for the test, and a test can be administered (most likely a blood test).

Chemical Test in Maricopa County, AZ

If arrested for DUI in Arizona you will be required to take a chemical test. The test will come from either testing your blood, breath, or urine. In Arizona, you have no choice as to what chemical test you will take. The police officer decides which test to give you. What test is given is in large part dependent on the police department and their policies. For example, the Scottsdale Police Department generally uses a blood test.

Also, the test given is dependent on the circumstances of the case. For example, if there was a vehicle accident with bodily injury, the police would ask for a blood test. Analysis of a blood sample is potentially the most accurate. Breath machines are susceptible to a number of problems rendering them often unreliable. The least accurate by far, however, is urinalysis.

Contact Us for a Free Consultation

Fill out the contact form or call us at (480) 413-1499 to schedule your free consultation.

Leave Us a Message

Free eBooks

Free eBooks

Like us on Facebook to earn 3 free Arizona DUI eBooks written by James E. Novak.

Screenshot-2025-06-16-at-10.30.06-1.png

About James E. Novak

James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others.