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What You Should Know about Refusing the Chemical Tests

Interviewer: When someone refuses a Breathalyzer or a blood draw and an officer gets a warrant, how long would it take for the officer to get that warrant?

Brian: It depends on what city you are in.  Certain cities have streamlined the procedure.  It really could take anywhere from ten minutes to an hour.  During that time, some people think, “I’m going to try and delay things as much as possible.  Maybe I have had a little bit too much to drink.  Maybe I’m going to try to delay things so that some alcohol leaves my body.”

Refusing the Chemical Tests as a Delay Tactic May Not be the Best Option

There’s a couple things wrong with that.  One is it takes a long time for alcohol to leave a person’s body.  Alcohol is eliminated from a person’s system at an average rate of .015% per hour.

The second thing wrong with that is that a person doesn’t really know whether they are in the absorption phase or the elimination phase.  In waiting for a longer period of time to pass, the person may actually be harming themselves by allowing more alcohol to be absorbed into their system, which would result in higher blood alcohol content than they might have received an hour previously.

Alcohol’s Absorption and Elimination Rate

Basically, before someone starts consuming alcohol, they are completely sober.  They would register 0.00 blood alcohol content.  As they consume alcohol, their blood alcohol level goes up over a period of time and it continues to rise. Usually, the average person will stop absorbing alcohol into their system about an hour after their last drink.  There have been some scientific studies.  I believe in one study the maximum was about five hours that it took before a person was fully absorbed of all their alcohol.

Upon full absorption, they basically reach the peak, which is the highest point in which their alcohol content would register.  At that point, the elimination of alcohol overtakes the absorption of alcohol and the person begins eliminating the alcohol over the course of a few hours until they become completely sober again and would register a 0.00 on a blood test result.

How Reliable Are the Results Obtained from the Breathalyzer Machine?

Breath tests can be faulty in some ways.  A number of police agencies have gone to blood tests; blood being more reliable.  Breath tests can be faulty depending on the conditions of the atmosphere.  Radio frequency interference can interfere with a breath test result.  Sometimes people have issues with their teeth or issues with their gums.  The breath testing machine is meant to test the deep lung air within a person.

Sometimes because of medical issues or just one reason or another, a person has something wrong with their esophagus.  They have something in their throats.  Maybe they have some gum in their mouth.  Maybe they have a piece of bread in their mouth, which is a substance that can collect alcohol.  There are substances that can retain alcohol so that the breath test, that is meant to test the deep lung air is, instead, testing something that it wasn’t meant to test.

Radio frequency interference just on a technical aspect of the machine can hinder an accurate result.  There have been reports of a radio frequency interference indicating high blood alcohol content, despite the lack of any alcohol in the person’s system.  Just generally, the machines are fallible.

By Brian Douglas Sloan

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Brian Douglas Sloan


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Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

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  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

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“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

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