subsequent refusal within a period of 60 months, unless the violator expressly agrees to submit to and successfully completes the test or tests. A failure to expressly agree to the test or successfully complete the test is deemed a refusal. The violator shall also be informed that, if the test results show a blood- or breath- alcohol concentration of 0.08 or higher, or if the results show a blood- or breath- alcohol concentration of 0.04 or higher and the violator was driving or in actual physical control of a commercial motor vehicle, the violator's license or permit to drive will be suspended or denied for not less than 90 consecutive days.
Police can Obtain a Search Warrant for Breath or Blood, if a Person Refuses
Per A.R.S. 28-1321(D), police can obtain a search warrant if a defendant refuses to take a breath, blood, urine or other bodily fluid test:
A. If a person under arrest refuses to submit to the test designated by the law-enforcement agency as provided in subsection A of this section:
1. The test shall not be given, except as provided in section 28-1388, subsection E, or pursuant to a search warrant.
Refusal Results in Suspension of Driving Privileges for One Year or Two Years for a Second Refusal Within 60 Months (five years):
If the person is a resident without a license or permit, or has an expired license or permit to operate a motor vehicle in this state, the department shall deny the person the issuance of a license or permit for a period of 12 months after the order of suspension becomes effective, or for a period of two years after the order of suspension becomes effective for a second or subsequent refusal within a period of 60 months.
ARIZONA DUI - PENALTIES
The crime of DUI carries many different penalties, depending on the circumstance. The possible penalties for a DUI are listed below:
First-time DUI with a BAC of at least 0.08, but less than 0.150
CLASS OF CRIME |
Class 1 Misdemeanor |
MAXIMUM JAIL |
Six (6) months |
MINIMUM JAIL |
One (1) day [10 days, 9 suspended] |
COUNSELING |
A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling. |
MINIMUM FINE |
$250 + surcharge |
ADDITIONAL FINANCIAL PENALTY |
$500 to State Prison Fund |
PROBATION |
5 years (maximum) |
Driver’s License Consequences
SUSPENSION |
90 days (work permit after 30 days) |
INTERLOCK DEVICE |
Not required |
Second-time DUI (with a valid license) within sixty (60) months
CLASS OF CRIME |
Class 1 Misdemeanor |
MAXIMUM JAIL |
Six (6) months |
MINIMUM JAIL |
30 days [90 days, 60 suspended] |
COUNSELING |
A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling. |
MINIMUM FINE |
$500 + surcharge |
ADDITIONAL FINANCIAL PENALTY |
$1250 to State Prison Fund |
PROBATION |
5 years (maximum) |
Driver’s License Consequences
SUSPENSION |
1 year revocation |
INTERLOCK DEVICE |
Required |
CLASS OF CRIME |
Class 1 Misdemeanor |
MAXIMUM JAIL |
Six (6) months |
MINIMUM JAIL |
10 days [30 days, 20 suspended] |
COUNSELING |
A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling. |
MINIMUM FINE |
$250 + surcharge |
ADDITIONAL FINANCIAL PENALTY |
$250 assessment to the Arizona DUI Abatement Fund; additional $1000 to State Prison Fund. |
PROBATION |
5 years (maximum) |
Driver’s License Consequences
SUSPENSION |
90 days (work permit after 30 days) |
INTERLOCK DEVICE |
Required |
Second-time Extreme DUI
CLASS OF CRIME |
Class 1 Misdemeanor |
MAXIMUM JAIL |
Six (6) months |
MINIMUM JAIL |
This information is courtesy of http://www.ncdd.com/
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