Refusing a Breathalyzer in Arizona: What You Need to Know
## Direct Answer
If you refuse a breathalyzer in Arizona, you will face a mandatory 12-month driver’s license suspension, and you may still be charged with a DUI (Driving Under the Influence) based on other evidence gathered by the police.
## Step-by-Step Guide
Here’s what happens if you refuse a breathalyzer in Arizona:
1. **You will be arrested**: The police officer will take you into custody, and you will be booked into jail.
2. **Your license will be suspended**: The Arizona Department of Transportation (ADOT) will suspend your driver’s license for 12 months, starting 15 days from the date of your arrest.
3. **You will receive a notice**: You will receive a notice from ADOT explaining the suspension and your options for appealing it.
4. **You may face additional penalties**: Depending on the circumstances, you may face additional penalties, such as fines, community service, or even jail time.
5. **You may still be charged with a DUI**: Even if you refused the breathalyzer, the police may still charge you with a DUI based on other evidence, such as field sobriety tests or witness statements.
## FAQ
### Q: Can I appeal the suspension of my license?
A: Yes, you can appeal the suspension of your license by requesting a hearing with ADOT.
### Q: Will I be able to drive at all during the suspension?
A: You may be able to drive to work, school, or other essential destinations with a restricted license, but only if you install an ignition interlock device in your vehicle.
### Q: Can I refuse a breathalyzer if I’m not a resident of Arizona?
A: Yes, the laws and penalties for refusing a breathalyzer apply to all drivers, regardless of whether you are a resident of Arizona or just visiting.
### Q: Can I be charged with a crime for refusing a breathalyzer?
A: Refusing a breathalyzer is not a crime in itself, but it can be used as evidence against you in a DUI case.
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