If you agree to submit to a BAC / blood alcohol content test, and you are not driving a commercial vehicle or a repeat offender, your driver's license may be suspended or restricted for a minimum of 90 days. If you refuse the BAC test, your license may be suspended for one year. This is true even if you are found not guilty of the DUI charge.
The fact of refusal can be introduced into evidence as "consciousness of guilt." Of course, the defense is free to offer other reasons for the refusal. Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the administrative consequences for refusing. By refusing a BAC test, particularly when you are likely to have a high reading, you deprive the state of potentially compelling evidence against you.
From a practical standpoint, it is now police policy in most jurisdictions in Arizona to obtain a search warrant compelling a blood draw if you refuse to deliver a voluntary specimen. So, it usually avails you little to refuse because the state will, one way or the other, obtain the chemical evidence they want AND you will lose your license for a year if you refuse. Bottom line:; If you can't reach us, or some other competent DUI Defense firm, voluntarily submit to the requested test.
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