brian sloan profile picture

What Is The Implied Consent Suspension In Arizona?

The implied consent suspension is actually half of a document that relates to when someone is suspected of DUI. In Arizona, the person would be suspected of DUI if the officer had enough probable cause to believe the person was driving under the influence of alcohol, drugs, vapor releasing substances, a combination thereof, or if they were someone under the age of 21 with alcohol in their system.

The officer would likely provide them an admin per say implied consent affidavit document, which would actually deal with two separate aspects of the law, one of them having to do with the admin per say, the other dealing with implied consent.

License Suspension Under The Admin Per Se

The admin per say law basically states that if someone was suspected of DUI and they consented to the blood, breath, and/or urine test requested by the officer, then their license would be suspended for 90 days. In most cases, there would be no driving for the first 30 days of those 90 days, and the person could get a restricted license for the next 60 days.

There might be some exceptions to that rule depending on whether the person had an in state or out of state license and whether or not they had previously been suspected of DUI.

License Suspension Under Implied Consent

The implied consent law is a separate law that states, if the person refused to consent to a blood, breath, and/or urine request from the officer after being suspected of DUI, then their license would be suspended for one year, and of that one year it would be possible to get a restricted license after the first 90 days of no driving at all.

The restricted license would allow the person to drive to and from work, home and school, with an ignition interlock device and SR-22 high risk insurance.

Your License Could Be Suspended Even If You Are Guilty

Arizona law has determined that failure to consent or failure to outright consent, would be considered a refusal, so the person would then lose their license simply for refusing, regardless of the outcome of the case itself.

It is possible the person may ultimately be found not guilty or innocent of the DUI itself, but their license would still be suspended for one year simply because they were suspected of DUI and failed to consent to the blood, breath, and/or urine test requested by the officers at the time of the arrest.

Whether the person was requested to do a blood, breath, and/or urine tests would be at the discretion of the officer, but they would lose their license for one year if they refused to take the requested test. The officer would then very likely go and get a warrant, which would likely be signed off by a judge, and it would allow the officer to take the blood test by way of force if necessary.

Incapacitated People Do Not Need To Give A Breath Sample Or Consent To A Blood Test

A provision in the law states that someone who was incapable of a refusal, because they were unconscious or in some other way incapable of refusing, would not be punished for that refusal.

The argument has yet to work, that the person was too drunk to understand what they were doing, or to understand they were being asked to consent and therefore they were on part with someone who was incapable of refusal. The court has stated they would not reward someone whose argument was they could not consent because they did not understand what was being asked because they were so drunk.

Someone whose blood alcohol content was so high that they did not really understand what was going on so they did not consent to a blood, breath, and/or urine test, would end up with a one year license suspension for refusing, because of the specific law written into the Arizona revised statutes by the Arizona legislature, specifically saying that an unconscious person was incapable of refusal.

For more information on Implied Consent License Suspension, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling 480-900-0384 today.

city view

Call me today for an
‘In Depth’ Free Consultation

brian sloan profile picture
Brian Douglas Sloan


aerial view of arizona
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 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.

dui attorney brian sloan headshot

Brian Douglas Sloan

DUI Attorney

Free Initial

small mail icon
Email address:
small location icon
2 N. Central Ave Suite 1929
Phoenix, AZ 85004
triangle pattern