Refusal of Blood or Breath Tests
What happens if I refuse to take a blood or breath test?
Although field sobriety tests administered prior to an arrest are strictly
voluntary, our state's implied consent law dictates that you consent
to take a blood or breath test once arrested if you have been stopped
by an officer who had reasonable cause to believe that you were, in fact,
driving under the influence. If you refuse to submit to these tests, your
license will be taken away for one year, assuming this is your first such
refusal. Penalties increase for any subsequent refusal. If you have refused
the chemical test, your legal trouble has just begun; it is imperative
that you are represented by a highly skilled trial lawyer that can review
your situation and determine the best possible strategy to help you to
At the Law Offices of Joshua S. Davidson, PLC, you will be served one-on-one
by a highly skilled attorney who formerly served as a prosecutor that
tried felony drug crimes and other serious offenses. There is no doubt
that the quality of your defense lawyer could be the most important factor
in the final outcome. Get a case review immediately; there may have been
serious errors in police procedure or other factor in your case that could
allow you to avoid the penalties that could be imposed upon you.
While the consequences of refusing a test are significant, this state is
notoriously harsh when it comes to prosecuting
DUI cases; those convicted face severe penalties that could be substantially
worse than a one-year license suspension. Most people who refuse to take
these tests do so because they think it will prevent the prosecution from
having the evidence to convict, which is not the case. You can still be
convicted, without evidence of your
blood alcohol concentration (BAC); in this state, either a BAC of .08 or greater, or showing signs of impairment
while driving can lead to a conviction, even when the other condition
is not present.
Phoenix DUI Attorney
If you've been arrested for a DUI and are uncertain as to whether or
not you should submit to testing, or you have already refused or submitted
to breath or blood testing, then you need the help of a skilled Phoenix
DUI lawyer. Joshua S. Davidson is known for his passionate and aggressive
defense of every client he takes, and when you retain his professional
services, he will work tirelessly to have your charges reduced or dismissed.
As a former prosecutor, he is well acquainted with the strategies the
prosecution will use against you, and he will be well prepared to defend
you in court.