Implied Consent

MVD Hearings

In Arizona, upon arrest for DUI, an officer will inform you that the law requires you to take a blood, breath or urine test. This is the implied consent law. If you refuse, you will be served with an order of suspension, your license taken, and you will be given a 15 day permit to drive. We must file a request for a hearing to stop the suspension, as it is for one year.

This request is critical!
We can then analyze the facts and make the officer appear at a hearing in front of a judge at MVD. If, at the hearing the suspension is upheld, then after 90 days, you can have installed an ignition interlock device and drive legally for the balance of the suspension. If the suspension is not upheld (voided), then there is no suspension from this action. However, it does not end there.

If, after being read the implied consent law, you agree to the test, then you will be served with a 90 day suspension which again, takes effect in 15 days. We need to also file a request for a hearing on this suspension, to stop the suspension for 90-120 days to determine if the hearing is needed or not. In the meantime, you drive normally.

Ask to speak with us

It is very helpful if you request to call us before deciding whether or not to take the chemical test. It is not deemed to be a refusal, to request to speak with a lawyer before making that decision. If you refuse, the officer can, and usually will, call a Judge and get a telephonic search warrant, serve it on you, and take your blood even by force. You need to call, if possible while under arrest.

Refuse the portable breath test in the field

One more thing, even though you are required to take a blood or breath test after arrest, you are not required, and should never take, the portable breath test in the field. Regardless of what the officer says, you are not required to take that test and the implied consent law does not apply to that test.

How we can help

Our clients come from all walks of life in Greater Phoenix and all over Arizona. We represent many licensed professionals, such as pilots, nurses, teachers, and even attorneys, whose professional standing can be damaged or ruined by a DUI conviction, or license suspension. We’ll approach your defense with a full awareness of the risk that a conviction would present for your occupational license, and we will help you deal with your licensing board while defending you on the DUI charges. For further information, contact the Weingart Law Firm.