Refused a Breath or Blood Test in Arizona? The 12-Month Suspension and Your 30 Days

By Joe Styler, Editor, not an attorney · Sources checked October 18, 2026

Short answer: if you refused a breath test in Arizona after a DUI arrest (or refused blood or urine), your license faces a 12-month suspension, or two years if it is your second refusal within 84 months, under A.R.S. § 28-1321. That suspension is separate from the DUI charge in court. Refusing also does not stop the test: officers can get a search warrant for your blood, and the refusal itself can be used as evidence. You have a limited time to request an MVD hearing to contest the suspension, and the current statute gives you 30 days from the date of the notice.

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Arizona’s implied consent law in plain English

By driving in Arizona, you are treated as having agreed in advance to a test of your blood, breath, urine or other bodily substance if you are arrested for DUI. That is the “implied consent” in A.R.S. § 28-1321(A). After an arrest, the officer asks you to take the test the agency chooses and warns you about the consequences of refusing.

The statute counts more than a flat “no” as a refusal. Failing to expressly agree, or failing to successfully complete the test, is also a refusal. Stalling, asking to call a lawyer first and never answering, or not blowing properly can all be treated as refusing, depending on the facts.

What happens after you refuse

• The test isn’t forced without a warrant. Under § 28-1321(D)(1), the refused test is not given unless the law allows it under § 28-1388(E) or the officer gets a search warrant. In practice, a blood draw by warrant is a real possibility.
• Your license is taken and a clock starts. The officer collects your Arizona license and, if it was valid, gives you a 30-day temporary permit. The officer either serves an order of suspension that takes effect 30 days after service, or tells you MVD will mail a notice.
• The suspension is 12 months. It is two years for a second or later refusal within 84 months. Reinstatement afterward requires alcohol or drug screening.
• The refusal is evidence. A.R.S. § 28-1388(D) makes evidence of refusal admissible in any civil or criminal proceeding. A prosecutor can argue you refused because you knew you would fail.
• The DUI charge continues. Refusing doesn’t make the criminal case go away. Prosecutors can build a DUI case on driving behavior, field tests, statements and any warrant blood result.

The MVD hearing on a refusal

A timely hearing request stays the suspension until the hearing is held. MVD must set the hearing within 60 days of the request and can hold it in person, by phone or by video. The hearing is narrow. Under § 28-1321(K), it covers only four questions:

1. Did the officer have reasonable grounds to believe you were driving or in actual physical control while impaired (or, if you are under 21, with alcohol in your body)?
2. Were you placed under arrest?
3. Did you refuse the test?
4. Were you informed of the consequences of refusing?

Each of those is a real issue to examine. Was the refusal warning given correctly? Was what happened actually a refusal? Did the officer have grounds for the arrest? If the suspension is upheld, you can petition the superior court for review within 30 days. Our guide to DUI license suspension and the MVD hearing walks through the hearing process in more depth.

Driving during the suspension: the interlock option and its tradeoff

After completing ordered screening, a person suspended for a first refusal may apply for a special ignition interlock restricted driver license for the rest of the suspension, under § 28-1321(P). That option is not available for a second refusal within 84 months. There is an important catch in § 28-1321(Q): taking a special interlock license under that subsection means agreeing to the license action and waiving the right to the administrative hearing. Decide on the hearing question first, with advice. Our ignition interlock guide covers how the devices work.

Commercial drivers

A refusal carries extra weight if you hold a commercial driver license. Under A.R.S. § 28-3312, refusing a test under § 28-1321 disqualifies a CDL holder from driving a commercial vehicle for at least one year, even if the arrest happened in a personal vehicle. See our page on DUI and your CDL.

Out-of-state drivers

If you live outside Arizona, MVD notifies your home state’s licensing agency when your Arizona driving privilege is suspended, under § 28-1321(O). Our page on out-of-state drivers arrested in Flagstaff covers what that means.

What to do this week

• Find your suspension notice or temporary permit and write down the date on it. Count 30 days forward, or use any shorter date printed on the notice.
• Request the hearing in writing or online before that date, or get a lawyer to do it.
• Do not apply for a special interlock license until you understand that it can waive the hearing.
• Write down exactly what was said about the test: what the officer asked, what warning was given, and what you said.
• Note whether blood was drawn by warrant, and where.
• Find your court date. Our page on the Flagstaff DUI court process explains which court has your case.

Frequently asked questions

What happens if you refuse a breathalyzer in Arizona?

Your license faces a 12-month suspension, or two years for a second refusal within 84 months, under A.R.S. 28-1321. The officer can seek a warrant for your blood, and the refusal can be used as evidence in your DUI case.

How long do I have to request a hearing after refusing a test?

The current text of A.R.S. 28-1321 says the MVD must receive your hearing request within 30 days after the date of the notice. If your notice shows a shorter date, go by the shorter one.

Can the police force a blood test if I refuse?

Under Arizona law, a refused test is not given unless the law otherwise allows it or the officer obtains a search warrant. A blood draw by search warrant is a real possibility after a refusal.

Can I still be convicted of DUI if I refused the test?

Yes. The refusal does not end the criminal case. Prosecutors can rely on driving behavior, field tests, statements, any warrant blood result, and the refusal itself.

Can I drive during a refusal suspension?

For a first refusal, after completing screening, you may be able to get a special ignition interlock restricted license for the rest of the suspension. Getting one under A.R.S. 28-1321(Q) waives the MVD hearing, so get advice first.

Does refusing affect a commercial driver license?

Yes. A.R.S. 28-3312 disqualifies a CDL holder from driving a commercial vehicle for at least one year for refusing a test, even after an arrest in a personal vehicle.

Related guides

• Flagstaff DUI lawyer: the full guide
• DUI license suspension and the MVD hearing
• First-offense DUI in Flagstaff
• Actual physical control: sleeping it off
• Ignition interlock in Arizona

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