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Implied Consent
At the point the officer is reading you his implied consent card you are being placed into protective custody. Once he places the handcuffs on your ask the police officer if you are under arrest. He will explain that you are not under arrest at this time. Then ask the police officer if you are free to leave. He will tell you that you are not free to leave. Most states implied consent laws tread on the U.S. Constitution. The problem the State has is that if they give you your constitutional rights then you are under arrest and you have the right to speak to an attorney. If you call a competent phoenix dui attorney at this point it will be near impossible in most cases for the state to get you to a facility in order to do a blood draw. But at least asking these questions will give a jury a justification as to why the defendant refused to have their BAC tested. |
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| If you refuse to give consent to the State for either a Breath Test or a Blood Test then expect the State to get a warrant for your BAC. The result will be a Blood Drawl in most cases because otherwise the defendant would simply pretend to blow but not have enough breath to activate the machine. |
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