Quote:
Originally Posted by bloozemanAZ
Interesting as here in AZ one does have the right to refuse the PBT but regardless of the outcome over the long haul of the case that act ends with a 1-year suspension of the individual's drivers license. According to the statutes:
- 1st Offense refusal to take the breath test will result in a 1 year suspension of their driver’s license
- 2nd Offense refusal to take the breath test within 7 years of a previous one will result in a 2 year suspension of their driver’s license
- 3rd Offense refusal to take the breath test within 7 years of a previous one will also result in a 2 year suspension of their driver’s license
Thus, although you may win the overall DUI charge you still can't drive anyway as the outcome. |
that's the same law in Virginia and yes basically similar. I don't know if Arizona classifies it as Civil or Criminal, but in Virginia it's civil.
And that is a BIG deal for many of my former clients in the government, military, and civilians with security clearances. It can be the difference between a promotion or even losing your job.
Also, the refusal is far less painful than the DWI on your insurance and criminal record. Your second DWI is serious and a third is Felony in Virginia.
so if we can get your first DUI dismissed, then your "3rd" is still considered a 2nd. and the misdemeanor penalty is FAR less than the 3rd felony.