If you’ve been pulled over in Surprise for suspected DUI, you need to know how Arizona’s Implied Consent Law affects your rights and your case. At AZ DUI Pros, we help clients across Surprise and the greater Phoenix area fight DUI charges — and we do it with precision and legal insight backed by years of courtroom experience.
Contact us today at (602) 922-3755 for a consultation. Whether you’re facing first-time DUI charges or dealing with allegations of refusal under the Implied Consent Law, our team is here to provide aggressive legal representation when it matters most.
What Is the Implied Consent Law?
Arizona’s Implied Consent Law is simple in theory but high-stakes in practice. If you drive a vehicle in Surprise or anywhere in the state, you automatically agree to submit to chemical testing (breath, blood, or urine) if you’re lawfully arrested for DUI. This law is codified under ARS §28-1321.
Failure to comply with this law results in automatic license suspension, and the refusal itself can be used against you in court.
Let’s break that down:
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Driving = implied consent to testing
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Refusal = 12-month license suspension (first offense), 24 months for repeat offenses
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Police must legally arrest you and advise you of the Implied Consent Law before requesting tests
The Legal Backbone: ARS §28-1321 Explained
ARS §28-1321 governs Arizona’s Implied Consent Law and outlines the procedures and penalties associated with chemical testing in DUI cases. It requires law enforcement officers to:
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Have reasonable grounds to believe you are under the influence
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Inform you of the consequences of refusal
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Allow you a reasonable opportunity to consent
The statute is clear: Refusal triggers automatic penalties, even if you’re not ultimately convicted of DUI.
Penalties for Violating the Implied Consent Law
The consequences for violating the Implied Consent Law in Surprise are severe:
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1st refusal: 12-month driver’s license suspension
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2nd or more refusals: 24-month suspension
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Mandatory installation of ignition interlock device
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Possible increased DUI penalties if convicted
Additionally, your refusal can be presented in court as evidence of guilt, making the prosecution’s job easier. It’s critical to understand this when deciding how to respond during a DUI stop.
How Surprise Police Apply Implied Consent
The Surprise Police Department is especially proactive when enforcing Arizona’s Implied Consent Law. Officers are trained to:
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Immediately arrest and inform drivers of the law
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Use telephonic search warrants for blood draws if a driver refuses
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Document refusals meticulously for court use
If you’re pulled over in Surprise, your decision at that moment can define your case’s outcome.
The Role of Admin Per Se Hearings in Implied Consent Law Violations
If you’re arrested for DUI in Surprise and refuse testing under the Implied Consent Law, you don’t just face criminal charges — you’re also pulled into a separate process with the Arizona Motor Vehicle Division called an Admin Per Se Hearing.
What Is an Admin Per Se Hearing?
An Admin Per Se Hearing is an administrative proceeding held by the Arizona Department of Transportation (ADOT). It is separate from your criminal case and focuses solely on your driving privileges — specifically, whether your license will be suspended due to a violation of the Implied Consent Law.
These hearings apply when:
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You refuse a breath, blood, or urine test after arrest.
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You submit, but your BAC is 0.08% or higher.
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You are served with a Notice of Suspension at the time of arrest.
Your Rights in an Admin Per Se Hearing
Even though it’s not a criminal trial, you still have important rights, including:
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The right to request a hearing within 15 days of being served.
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The right to present evidence, including whether you were properly advised of the Implied Consent Law.
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The right to be represented by a DUI attorney.
Failing to request a hearing means your license suspension under the Implied Consent Law will go into effect automatically, typically after 15 days.
Why These Hearings Matter in Surprise
Surprise police officers are often trained to initiate the Admin Per Se process immediately. These hearings can determine whether your license is suspended for:
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12 months for a first refusal under the Implied Consent Law
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24 months for a second or subsequent refusal within 84 months
This hearing may also be the first opportunity your attorney has to challenge:
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The legality of the arrest
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Whether you were clearly advised of your rights under the Implied Consent Law
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Whether the officer had probable cause
How AZ DUI Pros Can Help
At AZ DUI Pros, we represent clients in Surprise at both the criminal and Admin Per Se level. A favorable outcome in your administrative hearing could:
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Prevent or reduce suspension
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Preserve your ability to drive
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Strengthen your defense in the criminal court
Call us at (602) 922-3755 to fight both sides of your DUI case — criminal and administrative.
Hypothetical Scenario #1 – Refusal at a Checkpoint
Imagine this: John is driving home from dinner on Bell Road in Surprise when he encounters a DUI checkpoint. He’s had two drinks but feels fine. When an officer smells alcohol, John is asked to perform field sobriety tests.
After a lawful arrest, the officer reads him the Implied Consent Law under ARS §28-1321. John, nervous and unsure, refuses to submit to a breath test. The officer explains that under the Implied Consent Law, refusal means immediate license suspension and the refusal will be documented.
The officer obtains a blood warrant, draws blood at the scene, and later charges John with DUI.
Key Issues:
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Refusal triggered a 12-month license suspension
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Warranted blood draw still provided evidence for DUI charge
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Refusal used in court to imply John’s guilt
Even though John thought he was protecting himself, his refusal under the Implied Consent Law gave the state more tools to prosecute him.
Hypothetical Scenario #2 – Blood Draw at the Hospital
Maria gets into a minor accident on Loop 303 near Surprise and is taken to Banner Del E. Webb Medical Center. An officer suspects impairment and places her under arrest at the hospital. He informs her of her obligations under the Implied Consent Law, citing ARS §28-1321, and asks for a blood sample.
Maria, groggy and confused, says “no.” The officer records her refusal, warns her of license suspension, and then calls a judge to obtain a telephonic search warrant. After the warrant is granted, a nurse draws her blood.
Her blood alcohol level is above the legal limit. Maria now faces DUI charges, but also a 1-year suspension under the Implied Consent Law for her refusal.
Key Issues:
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Refusal despite lawful arrest and notice of the Implied Consent Law
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Warrant-based blood draw still led to DUI charges
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Her refusal is documented and used as an aggravating factor in court
Why Implied Consent Law Matters More in Surprise
In Surprise, prosecutors and police are highly aggressive in DUI cases. The Implied Consent Law gives them leverage — both procedurally and evidentially. They are:
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Quick to initiate suspension proceedings through ADOT
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Diligent in documenting refusals
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Unlikely to offer plea deals to drivers who violated the Implied Consent Law
At AZ DUI Pros, we’ve handled dozens of these cases. We understand how to:
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Challenge the legality of the arrest
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Argue improper advisement of Implied Consent Law
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Suppress unlawfully obtained blood/breath results
Don’t try to navigate this alone — call us at (602) 922-3755 today.
Common Myths About Arizona’s Implied Consent Law
There’s a lot of confusion around Arizona’s Implied Consent Law, especially among drivers in Surprise. Misunderstanding your rights and obligations could be the difference between keeping or losing your license. Let’s set the record straight.
Myth #1: You Can’t Refuse a Test
Truth: You can refuse chemical testing, but under the Implied Consent Law, doing so will trigger an automatic license suspension — whether or not you’re found guilty of DUI.
Many people believe refusal equals protection. In reality, refusal often hurts your case, especially if the police secure a search warrant for a blood draw anyway.
Myth #2: Refusing Is Always Better Than Failing
Truth: Refusing under the Implied Consent Law might seem like a safe bet — but not always. Prosecutors can use your refusal as evidence of guilt, arguing that you were trying to hide your BAC. And remember, even if you refuse, a blood warrant could still provide prosecutors with physical evidence.
Myth #3: Implied Consent Doesn’t Apply if I Wasn’t Driving
Truth: The Implied Consent Law applies after arrest, based on reasonable belief that you were driving or in actual physical control of a vehicle while impaired. Even if you’re found in a parked car, you can still face refusal consequences if officers establish probable cause.
Myth #4: A DUI Dismissal Clears Up the Refusal Penalty
Truth: Even if your DUI charge is dropped, your Implied Consent Law refusal does not go away. It’s a separate administrative matter. You’ll still face license suspension unless you win your Admin Per Se Hearing.
Myth #5: The Officer Has to Read Me My Rights Before Testing
Truth: Miranda rights aren’t required before asking for chemical testing under the Implied Consent Law. What’s required is that you’re informed about the consequences of refusing. That’s it.
AZ DUI Pros Can Clear Up the Confusion
Don’t fall for street myths. The Implied Consent Law is enforced aggressively in Surprise, and what you don’t know can seriously damage your case. Our team at AZ DUI Pros helps clients separate fact from fiction — and we build strong legal strategies based on what actually happens in Arizona courts.
Need clarity? Need a plan? Call us today at (602) 922-3755 for immediate help.
Frequently Asked Questions (FAQs)
1. Can I rescind my refusal if I change my mind?
In Arizona, once you’ve refused under the Implied Consent Law, the consequences are triggered — even if you later agree to the test.
2. Can I get a restricted license after refusal?
Possibly. After 90 days, you may be eligible for a restricted license if you meet certain requirements, including ignition interlock installation.
3. Will my refusal show up in court if I wasn’t convicted?
Yes. Under the Implied Consent Law, refusal can still be introduced as evidence even if you beat the DUI charge.
4. What if I was unconscious and couldn’t consent?
Arizona law assumes implied consent even if you’re unconscious. Police can often obtain a warrant or perform testing under exigent circumstances.
Relevant ARS Statutes
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ARS §28-1321 – Arizona’s Implied Consent Law
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ARS §28-1381 – Driving under the influence (DUI)
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ARS §28-1321(C) – Penalties for refusal of chemical testing
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ARS §28-1388 – Admissibility of chemical test results
Understanding these statutes is key to fighting back against license suspension and DUI penalties.
Conclusion: Call AZ DUI Pros Now
Whether you’re in Surprise or another part of Maricopa County, understanding and responding to the Implied Consent Law is essential. A single refusal can cost you your license — and possibly your freedom.
At AZ DUI Pros, we know how to fight refusals, challenge warrants, and expose procedural errors. Our team is dedicated to defending your rights, preserving your driving privileges, and protecting your future.
Call us today at (602) 922-3755 to schedule a confidential consultation. Your defense starts with a call.
