April 22, 2010


Most people suspected of DUI are given Field Sobriety Tests (FSTs) pursuant to the authority given police in A.R.S. 28-1321 and 28-1322(B).  These include roadside breath analysis, horizontal gaze nystagmus (HGN), and motor skills tests.  If the officer then has probable cause to suspect DUI, the officer will demand the driver submit to a breath or alcohol test to determine BAC.

As explained in the implied consent section, drivers whom officers have probable cause to suspect of DUI have to submit to an alcohol or blood test, or the driver loses his or her license for one year, regardless of whether he or she is later convicted of DUI and regardless if DUI charges are never brought or are dropped.

According to A.R.S. 28-1322(A), a law-enforcement officer who has reasonable suspicion to believe that a person has committed a violation of section 28-1381 or 28-1382 may request that the person submit to a preliminary breath test or tests before an arrest is made.

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