Refusing a DUI Blood or Breath Test in Arizona: Warrants and Admin Per Se Consequences

When pulled over for a suspected DUI in Arizona, your instincts might tell you to refuse all tests to prevent the police from gathering evidence against you. However, Arizona's Implied Consent Law (A.R.S. § 28-1321) makes this a very complicated and risky decision. By simply holding an Arizona driver's license, you have already legally consented to chemical testing if you are arrested for a DUI. Refusing a DUI blood or breath test carries severe administrative and criminal consequences that affect your ability to drive in cities like Phoenix, Tucson, and Chandler.

If you refused a test and are now facing an Admin Per Se suspension and forced blood draw evidence, you must act quickly. We strongly advise you to search our US Lawyers Directory to hire an aggressive Arizona DUI defense attorney. You have a very limited window to challenge the Motor Vehicle Division (MVD), and a lawyer is your best chance at saving your driver's license.

Step-by-Step Process in Arizona: Handling a DUI Refusal and Warrants

Understanding the difference between what you can legally refuse and what you cannot is crucial. Here is how the process unfolds when a driver says "no" to law enforcement.

Step 1: Refusing Roadside FSTs vs. Chemical Tests

It is entirely legal to politely refuse the roadside Field Sobriety Tests (FSTs), such as the walk-and-turn, the one-leg stand, or the follow-the-pen eye test. You can also refuse the hand-held portable breathalyzer prior to an arrest without triggering an automatic license suspension. However, once the officer officially arrests you and requests a formal chemical test (at the police station or a mobile DUI van), refusing triggers the severe penalties of A.R.S. § 28-1321.

Step 2: The Electronic Warrant Process for Forced Blood Draws

If you refuse the formal breath or blood test, the police will not simply let you go. In Arizona, officers can easily apply for an electronic search warrant from an on-call judge using a tablet or smartphone right from the roadside. As established by the Arizona Supreme Court in State v. Butler, 232 Ariz. 84 (AZ Supreme Court 2013), the Fourth Amendment mandates that warrantless chemical tests require voluntary consent. Once a judge signs a search warrant, the police have legal authority to physically restrain you and forcefully draw your blood. Your attorney will review this warrant to ensure the officer had valid probable cause to request it.

Step 3: Receiving the Admin Per Se Suspension Notice

The moment you refuse the formal chemical test, the officer will seize your physical driver's license and serve you with an Admin Per Se / Implied Consent Affidavit (Form 40-5807, Arizona, Department of Transportation, Admin Per Se / Implied Consent Affidavit). Under A.R.S. § 28-1321(D)(2)(e), this document serves as a temporary driving permit for 30 consecutive days. After these 30 days expire, your license is automatically suspended for a full 12 months, regardless of whether you are actually convicted of the DUI in criminal court.

Step 4: Appealing the MVD Admin Per Se Suspension

Under A.R.S. § 28-1321(G), you have exactly 30 calendar days from the date of the notice to request a formal administrative hearing. Your attorney will help you submit Form 40-5008, Arizona, ADOT Executive Hearing Office, Hearing Request to the ADOT Executive Hearing Office, Phoenix. During this civil hearing, the scope is strictly limited under A.R.S. § 28-1321(K) to whether the officer had reasonable grounds to believe you were driving under the influence, whether you were arrested, whether you refused the test, and whether you received proper refusal warnings under A.R.S. § 28-1321(B). Under Tornabene v. Bonine, 203 Ariz. 326 (AZ Court of Appeals 2002), the Fourth Amendment exclusionary rule does not apply to MVD hearings, so any challenge to the legality of the initial traffic stop must be pursued in criminal court rather than before the administrative law judge.

How Much Does it Cost in Arizona?

Fighting a refusal suspension involves both administrative and criminal defense costs.

How Long Does the Process Take?

The clock starts ticking immediately. You only have 30 days to request the administrative hearing. Once requested, the Executive Hearing Office will schedule the hearing, and your temporary driving privileges will generally be extended until an Administrative Law Judge makes a ruling. Meanwhile, the criminal court case for the DUI itself will run simultaneously and can take anywhere from 6 to 12 months to resolve in a court like the Pima County Consolidated Justice Court, Tucson.

Frequently Asked Questions (FAQ)