Implied Consent

(Last Updated On: October 22, 2018)

What is Implied Consent

The law states that any person who operates a motor vehicle within the state of Arizona and is arrested for an offense related to drinking and driving is presumed to have given implied consent to a test of his/her breath, blood, urine or other bodily substance, for the purpose of determining alcohol concentration.

The arresting officer has the authority to decide what type of test the driver must complete and the authority to require more than one type of test.

The law also states that a person who is dead, unconscious or otherwise incapacitated is deemed not to have withdrawn consent.

The officer must inform the driver that if the chemical test results indicate an alcohol concentration of .08 or more for a non-commercial driver’s license, then the individual’s driving privileges will be suspended for a period of ninety (90) days.

Also, the arresting officer must inform the driver that a refusal to submit to chemical testing shall result in a license suspension for 12 months.

Almost any failure to expressly agree to the test(s) or successfully complete them will be deemed a refusal and result in a 12-month suspension of driving privileges.

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