Call a former DUI Judge
with over 40 years experience
In the state of Arizona, law officials routinely contact a member of the judicial system, by phone, to obtain a telephonic search warrant. By doing so, an officer has the right to do whatever it takes to personally withdrawal your blood, for screening, if you are not willing to submit to taking a breathalyzer test or blood test.
MR. MARK WEINGART: You Have to agree to take a blood or breath test, unless you want to suffer the consequences of a one year suspension and an interlock device. But in Arizona, officers routinely do and can contact a judge in the middle of the night, by phone, and get a telephonic search warrant, and if they need to they can hold you down to get your blood. So if you know they're probably going to get it anyway, and you don’t want to suffer anymore consequences then you have to, the best advice is to go ahead and let them take your blood, or if you have to take a breath test at the station, take the breath test. But you should still ask to call a lawyer before because there are follow-ups to that. Because of all the potential issues with contamination and other problems with blood testing and the drawing process, I try to give clients advice that if they have the insurance and/or the financial ability, as soon as they're released they need to go to a hospital and have a hospital draw the blood, another sample of blood for them for testing purposes so that they can be compared.
Arizona, like all other states, have an implied consent law. The implied consent law means when you got your driver's license, whether you know it or not, you impliedly, by law, gave consent that if stopped and arrested for DUI, that you would consent to and let someone take your blood or you'd blow into a breath machine. Driving is not a right. Driving is a privilege. And so what the State gives you, the State can take away, and that's that driver's license. If you fail to comply after being told by the officer that Arizona law requires you to do this, and what the consequence is suspension if you don’t, and if you do refuse then you're going to lose your license for a year.