Arizona Criminal Law Team
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To Blow or Not to Blow, that is the DUI Question?

Do not blow before you are arrested. Many people think that if they blow below a 0.08 BAC they’re safe, which isn’t necessarily true, if the officers see evidence of impairment, and if you blow above a 0.08 BAC, you have the officer probable cause to arrest you. The reason they ask you to blow is to prove the impairment, and if you blow below a 0.08 BAC, they may just say you may be under the influence of something other than alcohol and arrest you anyway.

Until you’re arrested you don’t have to do anything. You don’t have to submit to a field sobriety test, you definitely don’t do the eye test, the HGN, and you definitely don’t blow in the PBT. After you’re under arrest, you have to either submit to one or all of a urine test, a breath test or a blood test, depending.

After you’re under arrest, submit to whatever the officer wants because if you refuse to blow, you’re subject to a one-year license suspension. If you refuse, they’ll get the warrant anyway, so there’s no point in refusing then. There are some circumstances where a refusal works in the client’s interest, but only if that already has years of license suspensions and a felony conviction ahead of them; for most people, after arrest, you blow.

evaluate my case

A Cup Of Coffee With 10 Of
The Top DUI Attorneys In The
United States

Guest Author: Attorney Brian Sloan

A Cup Of Coffee With 10 Of The
Top criminal defense
Attorneys In The United States

Guest Author: Attorney Carmen Gosselin

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Arizona Criminal Law Team

Call us:
480-I-have-help
(480-442-8343)

2 N. Central Ave. Floor 18, Suite 1928 Phoenix, AZ 85004

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Disclaimer: The Attorneys on The Criminal Law Team are individual attorneys that have come together for group advertising. Hiring one of the Attorneys through the Arizona Criminal Law Team results in that one Attorney representing their client under their own law firm. A client would not get multiple Criminal Law Team lawyers representing them.

Any information provided on these pages does not establish an Attorney / Client Relationship. All information on this website should be considered an OPINION based on experience, and may not be the most updated information based on constant changes in the field of law.

  • Home
  • Areas of Practice
    • DUI Defense
      • DUI
      • Aggravated DUI In Arizona
      • Extreme DUI
      • Super Extreme DUI
    • Criminal Defense
      • Drug Offenses
      • Minor In Consumption
      • Assault
      • Theft
      • TRESPASSING CHARGES
      • Criminal Damage
      • Fraud
      • Vehicular Offenses
  • Areas We Serve
    • Tempe
    • Scottsdale
    • Mesa
    • Glendale
    • Gilbert
    • Chandler
  • Team Accomplishments
  • Awards & Recognitions
  • About Us
  • FAQs
    • Criminal Defense FAQ’s
    • DUI Defense FAQ’s
    • Drug Related DUI FAQ’s (Videos)
    • Criminal Defense FAQ’s (Videos)
  • Blog