Frequently Asked

What happens if I refuse a breath test in Arizona?

A refusal triggers a one-year administrative license suspension — longer than the 90-day suspension for a failed test. The refusal is also separate evidence that can be introduced at trial.

The refusal decision has three consequences

  1. One-year MVD suspension. Automatic unless you successfully challenge it at the MVD hearing within 30 days.
  2. Evidentiary consequence. Arizona allows the State to argue consciousness of guilt from a refusal at trial.
  3. Statutory implied consent. Under A.R.S. § 28-1321, driving in Arizona implies consent to a chemical test if an officer has reasonable grounds.

Field sobriety tests are different

The roadside field sobriety tests (HGN, Walk-and-Turn, One-Leg Stand) are voluntary. The breath/blood test after lawful arrest is not voluntary in the same sense — refusal triggers the consequences above.


If this is your situation, time matters.

The MVD 30-day clock and the suppression-motion window run from the date of the stop — not the date you find a lawyer. Call 480 · 945 · 7684 or schedule a consultation.

If this is your situation, time matters.

The MVD 30-day clock and the suppression-motion window run from the date of the stop — not the date you find a lawyer. Call now.

Schedule a consultation Call 480 · 945 · 7684

Other questions Arizonans ask