Arizona DUI Law: What Happens If You Refuse or “Pass” the Test

Arizona takes a zero tolerance approach to impaired driving. Whether you refuse a chemical test or submit and test below the legal limit, Arizona law may still allow license suspension or a criminal citation. Knowing how Administrative License Suspensions under ARS § 28-1385, Implied Consent under ARS § 28-1321, and DUI under ARS § 28-1381 work is critical.

Implied Consent and Admin Per Se in Arizona

Under A.R.S. § 28-1321, anyone who drives in Arizona is deemed to consent to blood, breath, or urine testing if arrested for DUI. If you refuse or if you test above the threshold, your license can be suspended administratively even before any criminal conviction.

Refusing the Test: Implied Consent Suspension

• First refusal: 12 month license suspension
• Second or subsequent refusal within 84 months: 24 month suspension

The officer must submit a certified refusal report to ADOT MVD within 30 days. If it is not submitted in time, MVD cannot suspend, except when the DUI involved serious physical injury or death. See A.R.S. § 28-1321(D)(2)(a) and the definition of “serious physical injury” in A.R.S. § 13-105.

Taking the Test: Admin Per Se Suspension

• BAC 0.08 or more
• BAC 0.04 or more in a commercial vehicle
• Any detectable drugs or metabolites without a valid prescription

Result: 90 day suspension. You may be eligible for a restricted license after 30 days with a completed screening. The MVD has independent authority to suspend upon receiving a proper affidavit from law enforcement. See A.R.S. § 28-3306.

Can You Be Cited If You “Pass” the Test

Yes. Under ARS § 28-1381(A)(1), it is illegal to drive or be in actual physical control while impaired to the slightest degree by alcohol, drugs, or intoxicating substances, even under 0.08. Officers can rely on observed impairment such as poor driving, slurred speech, bloodshot eyes, failed field sobriety tests, odor, admissions, or impairment from prescriptions.

Summary of Testing Outcomes and Suspensions

Key Takeaways

• Refusal triggers a 12 or 24 month suspension unless the 30 day filing deadline is missed.
• Testing over the limit leads to an automatic 90 day suspension.
• DUI charges can apply even below 0.08 based on impairment evidence.
• MVD suspensions are administrative and separate from the criminal case.
• A timely MVD hearing request may pause the suspension and let you challenge evidence.

What To Do Next

If you face a DUI suspension in Arizona, act quickly. Deadlines matter, and early strategy can protect your license. Chuck Franklin Law handles MVD hearings and DUI defense. Call 480-545-0700.

Sources

• ARS § 28-1385
• ARS § 28-1321
• ARS § 28-1381
• A.R.S. § 28-3306
• A.R.S. § 13-105
• ADOT Admin Per Se and Implied Consent