Flagstaff, AZ asked in DUI / DWI for Arizona

Q: What happens if I refuse a sobriety test? I feel like I was stopped without cause. Will I still get arrested?

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1 Lawyer Answer
Zachary Divelbiss
Zachary Divelbiss
Answered
  • DUI & DWI Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: You have to answer/obey lawful questions/requests the officer asks and provide identification such as your drivers license, registration and insurance. Typically, an officer will pull you over based on reasonable suspicion (swerving, no blinker, no lights, etc.). Whether you believe you were stopped with or without cause is for the lawyers to argue and the judge to determine. As a citizen, when you are pulled over by the police officer, you must follow their orders and pull over. There will almost never be the rare circumstance where a police officer is unlawfully pulling you over and you do not have to follow the officer's orders.

Once you open your window and speak to the officer they will get probable cause from the smell of alcohol in your car or on your breath. At that point, the officer is allowed to ask you get out of your car and arrest you for probable cause of driving under the influence. You will need to contact us directly and provide more information if you were not arrested.

Everything the officer asks you to do or say AFTER this point is to gain further evidence of your impairment in order to support their probable cause.

You DO NOT have to do a field sobriety test (walking a straight line, following a light with your eyes, etc).

You DO NOT have to blow into a portable (handheld) breathalyzer.

You DO have to consent to give blood.

You DO have to blow into the large non-portable (stationary) breathalyzer.

The best way to deny the field sobriety test and portable breathalyzer is to respectfully deny them and say nothing more than "no thanks" or "I respectfully refuse" because saying anything more will give further evidence of being impaired by slurring words and alcohol on your breath.

If you have further questions or wish to speak more about a specific situation, please feel free contact us with confidentiality at zach@divellaw.com or 480-935-6545.

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