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Can Someone Refuse A Breath Test / Breathalyzer in Arizona?

Many drivers think that it is a good idea to refuse a breath test when stopped on suspicion of DUI by a police officer. However, the reality is that refusing a breath test in Arizona will cause more harm than good. Arizona is an Implied Consent State, which means that anyone stopped on suspicion of driving under the influence has to agree to submit to a breath test, whether or not they have been driving drunk. Lot of people feel insulted when police ask them questions or ask them to submit to an alcohol breath test.

In the state of Arizona, a driver does not have to legally submit to the Breathalyzer until the officer has a warrant. However, if they say no, they wouldn’t be happy with the outcome. Refusing to take a breath test in Arizona will result in their driver’s license to be taken away for at least one year. Even if the person is not convicted of the DUI, simply refusing the breath test will lead to a suspension of their driver’s license.

Arizona’s Implied Consent Law is defined under section 28-1321(A) of the Arizona Revised Statute. Refusing to take a breath test will result in the following:

  • 1st Offense refusal to take the breath test will result in a 1 year suspension of their driver’s license
  • 2nd Offense refusal to take the breath test within 7 years of a previous one will result in a 2 year suspension of their driver’s license
  • 3rd Offense refusal to take the breath test within 7 years of a previous one will also result in a 2 year suspension of their driver’s license

Once the driver’s license is taken away by the officer, they will be issued a temporary driving permit which will be good for 15 days. The state will notify them about the suspension and they will be presented forms which they can use to challenge the suspension. A hearing must be requested within 15 days of the issuance of the notice. This hearing is important because without a license, you will not be able to travel to and from work. You will also need someone to drive you around, even to visit the police station while you wait for your license to be reinstated.

The hearing has to be requested with the Motor Vehicles Division (MVD) to fight the license suspension immediately. You can also discuss whether the arresting officer had reasonable grounds to believe you were driving under the influence at the hearing. If you feel that the arresting officer did not have grounds or reason to test you, you can contest that at the hearing. Therefore, it is imperative that you act quickly and seek counsel from an experienced DUI defense attorney in Phoenix, Arizona. Call the Law Offices of Brian D. Sloan at 480-900-0384 or 602-900-0384 for a Free Initial Consultation if you are facing a DUI charge in Arizona.

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Brian Douglas Sloan


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

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

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

4.9 / 5.0


brian sloan on the cover of attorney at law magazine

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

I have spent my entire career focused on Arizona DUI Defense representation, having personally defended over 4,200+ DUI clients in the past 19+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, I can comfortably say, "I’m not the one for you."

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 they think people want to hear them. 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, Criminal Cases, Accident Cases, and Divorces. 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 Phoenix DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price.

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

I am one of Arizona's most award-winning DUI Defense Lawyers, recognized nationally, including in a 2022 issue of USA Today.

There are no other private DUI Defense Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a flat rate for my legal services without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being the 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 documented best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my cell phone: 480-720-7839.

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Brian Douglas Sloan

DUI Attorney

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2 N. Central Ave Suite 1929
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