In Arizona if you are pulled over for drunk driving there are alternatives to having to take the breathalyzer test and therefore a breathalyzer test can be refused. You should know however that there is also the chance that if you refuse to take the breathalyzer test in the field, you will still be required to take one when you are arrested.

Although it may seem like there are benefits to taking the breathalyzer in the field there are a few things you may want to consider before you get a breathalyzer test. How much have you really had to drink ? Have you had food with your drink? It doesn’t actually matter if you are drunk. Drunk is a stage that is different for everyone, but the blood alcohol level is what is important and that is what the breathalyzer test will measure. Even if you don’t feel drunk at .08, you will still get your license suspended. If you don’t feel that you have drank enough alcohol and you can pass the field tests, refuse as much as you can to take the breathalyzer and as soon as possible call a professional dui attorney. Arizona has a number of field tests, some of which are not allowed as evidence in court in many other states, such as the horizontal gaze nystagmus test in which you are asked to follow a light with your eyes.

If you pass the field tests, do not take the breathalyzer. It will keep them from having probable cause for arresting you and will take away their strongest piece of evidence in court. This could result in the case being thrown out. If you are still convicted without either of these pieces of evidence it is likely you will not get as harsh of a sentence as you would have otherwise.

If you don’t think you can pass the field tests, then you most certainly will not pass the breathalyzer test and you may want to just let them do it since the punishment for not taking it will result in much of the same things.

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