Breath Test Refusal DUI Attorney in Phoenix, Arizona
When an individual is stopped by law enforcement under suspicion of driving under the influence (DUI) in Arizona, one of the immediate decisions they face is whether or not to submit to a breath test. Refusing the breath test may seem like a way to avoid self-incrimination, but it comes with serious consequences that Faussette and Faussette PLLC can help with.
A refusal to take a breath test is treated differently from other types of DUI offenses in Arizona, and it can lead to severe penalties. As a result, having proper legal representation is crucial for anyone facing allegations related to breath test refusals. A qualified DUI attorney can help face the challenges that arise in these cases and defend your rights.
Our firm has been assisting individuals and families with protecting their rights since 2013, and I make sure that every case gets the attention it deserves. You’re the firm’s top priority when you step foot into your consultation, and if you’ve found yourself facing DUI charges, you’ve come to the right place for customized and skillful legal counsel in Phoenix, Arizona.
Arizona’s Implied Consent Law
Arizona, like many states, operates under an implied consent law. This law essentially means that by driving on the roads, individuals have already consented to submit to a chemical test (such as a breath, blood, or urine test) if they’re suspected of driving under the influence.
If law enforcement asks a driver to submit to a breath test and the driver refuses, they may face automatic penalties, even if they’re not ultimately convicted of DUI.
Refusing a breath test may seem appealing to some drivers, but it’s important to understand that under Arizona law, a refusal to submit to a breath test triggers automatic penalties, such as the suspension of a driver’s license.
This suspension can last anywhere from 12 months to 24 months depending on the circumstances and prior offenses, according to the DOT. A DUI attorney can assess the case and work on strategies to minimize the potential impact of a refusal.
Why Choose Faussette & Faussette, PLLC?
-
Client-Focused RepresentationEvery case begins with understanding your unique circumstances, allowing the firm to build personalized legal strategies that protect your interests.
-
Honest & Transparent CommunicationClients receive clear guidance, straightforward answers, and regular updates so they can make informed decisions throughout their case.
-
Aggressive When It Matters MostWhether negotiating a settlement or fighting in court, the firm stands up for clients' rights and pursues the best possible outcome.
-
Experienced Legal AdvocacyWith nearly a decade of experience, Faussette & Faussette provides knowledgeable representation in criminal defense, personal injury, and family law matters.
Penalties for Refusing a Breath Test in Arizona
The penalties for refusing a breath test in Arizona are severe, and the refusal can often lead to consequences that are just as significant as those for a DUI conviction. Under Arizona law, if an individual refuses a breath test, they face an automatic driver’s license suspension.
The length of the suspension depends on prior offenses and whether there was a previous refusal in the last five years.
- First offense: A first refusal results in a 12-month driver’s license suspension. However, the driver can apply for a restricted license after 90 days of the suspension period. This restricted license allows the driver to drive to work, school, or other essential activities during the suspension period.
- Second offense: A second refusal within five years of a previous refusal results in a 24-month license suspension with no possibility of obtaining a restricted license during that time.
- Third offense: A third refusal could result in a more severe suspension and additional criminal charges, including possible jail time and hefty fines.
The refusal to take a breath test can also play a role in the prosecution of a DUI case. Prosecutors may argue that the refusal indicates a person’s consciousness of guilt, which could strengthen their case. Because of these potential penalties and ramifications, it’s crucial to seek representation from a skilled DUI attorney as soon as possible to protect your rights.
Hear about our clients experience with us
-
"Got my entire case diverted and won’t even show up on my record."Nick Faussette was incredibly competent and amazingly attentive from the very start.- Ross M.
-
"Communicative, honest, pragmatic and highly competent attorneys."Assess your situation grounded in the law to create a comprehensive strategy to provide the best possible outcome.- CC
-
"Her representation was thorough and well prepared."She is overjoyed, relieved and pleasantly surprised with the simplicity and swiftness.- James M.
-
"They've done amazing and incredibly outstanding job."If I had a way for giving Jacob Faussette 100 stars, I could have done so, but since 5 is the highest, then he deserves all of them.- Satisfied Client
-
"I would not hesitate to work with him."He did such an amazing job and really helped my family.- Ketsia A.
-
"Jacob Faussette is the best lawyer ever"I would recommend anyone to have Jacob fight for your justice.- Julienne B.
-
"I'm 100% satisfied!"Jacob was assigned my case by the public defender's office but worked my case as if I paid him $20,000.- Gary G.
-
"I've been affiliated with the Faussette brothers for a while now."Jake and Nick will fight through a blizzard or sandstorm to make sure your case doesn't turn into ruins.- Joey B.
How I Can Help with Breath Test Refusals
A DUI attorney’s role is to help defend your rights and mount a strong case against any charges or penalties associated with a breath test refusal. There are several ways my firm can assist:
- Challenge the traffic stop: A DUI attorney will examine the circumstances of the traffic stop. If the police officer didn’t have reasonable suspicion or probable cause to stop you in the first place, the evidence obtained during the stop, including the refusal, may be challenged in court.
- Investigate the breath test refusal: If you refused the breath test, a DUI attorney can investigate whether the law enforcement officer followed proper procedures. Police officers are required to inform you of the consequences of refusal, and if they failed to do so, it may help your defense.
- Negotiate a reduced sentence: In some cases, a DUI attorney can negotiate with the prosecutor to reduce the penalties associated with a breath test refusal. This could result in a shorter license suspension, reduced fines, or even dismissal of the charges if there are mitigating factors in the case.
- Defend against DUI charges: If you were arrested for DUI following a breath test refusal, a DUI attorney will defend you against the DUI charge itself. Even if the breath test is refused, law enforcement may have other evidence, such as field sobriety tests or witness testimony, that could be used against you. An attorney can help contest the evidence and fight for a favorable outcome.
- Assist with license suspension hearings: In Arizona, you can request a hearing with the Motor Vehicle Division (MVD) to challenge the license suspension that arises from a breath test refusal. A DUI attorney will be well-versed in handling these hearings and can present arguments to have the suspension reduced or dismissed.
When you meet with me, I’ll take your specific situation into account to determine the best defense strategy for you.
Connect With My Firm Today
When you refuse a breath test in Arizona, the legal consequences are serious and can result in significant penalties, including license suspension and criminal charges. If you’re facing a breath test refusal charge, you need to consult with a DUI attorney. My firm provides legal counsel to clients in Phoenix, Arizona, as well as Glendale, Peoria, Scottsdale, Goodyear, Avondale, Surprise, Chandler, Gilbert, Mesa, and Tempe. Call Faussette and Faussette PLLC today.
