“the law does not give motorists charged with DUI the right to refuse the test; it only gives them the power to refuse and provided for certain consequences of such a refusal” Tornabene v. Bonine, 203 Ariz. 326, 334, 54 P.3d 355, 33 (Ariz. App.Div. 2, 2002)(Quoting State V. Krantz
First, it is important to remember the following. As part of enjoying the privilege of driving, Arizona law requires motorist to be subject to the requirements of the implied consent laws. This means you must submit to chemical tests after being cited for any type of DUI charge IF you want to avoid having your license suspended. The chemical test may be a Breathalyzer and/or a blood test.
You may refuse a chemical test but you must be prepared to suffer the consequences of suspension and a refusal may be used as evidence of guilt in trial. In addition, the law enforcement officer, with probably cause, may simply just ask a judge for a warrant over the phone and conduct a forced blood draw.
If you refuse to submit or do not complete the specified Breathalyzer and/or blood test, your Arizona driver’s license or non-resident privilege to drive will be suspended for 12 months if this is your first time refusing a test. If there is a prior refusal within the last 5 years you will be facing a 2 year suspension. If this is your first refusal and there are not other issues, there is a restricted license available after 90 days which involves the use of an ignition interlock device.