Arizona law requires that once you have been arrested for D.U.I., you must submit to analysis of your blood, breath or urine if requested by a police officer. Keep in mind that the officer has the right to choose the type of test you take, as well as how many times you have to take it. If you refuse to take the requested tests, the Arizona Department of Motor Vehicles will attempt to suspend your driving privileges for a period of 12 months, or 24 months if you have a prior refusal to submit. Our advice is generally to agree to submit to the chemical test for two reasons:

1. 1. If you refuse, you will lose your license for at least one year and you will still be cited for D.U.I.; and,
2. 2. In almost every jurisdiction in the State of Arizona, the officers will simply get a telephonic court order and forcibly take blood from you. You then end up in the worst of both worlds - you will still have a D.U.I. that you need to defend, as well as a one-year license suspension for which you will need an attorney to try to fight at the Motor Vehicle Division.

If you are arrested for D.U.I. during a time when you are required to have a certified ignition interlock device, a refusal to submit to a test of your breath, blood or urine can be charged as a class six felony.