Legal Question in DUI Law in Arizona

I am curious what the exact law is in Arizona regarding underage drinking and being breathalyzed. If an underage drinker is stopped by police office can they be deny the breathalyzer assuming these things: they are not acting foolish, they are cooperative, they are coherent. The questions cops ask are: I smell alcohol in your breath yet the response can be someone spilt on me. I can say I wear contacts which make my eyes red and answer any other questions they ask

Asked on 4/13/13, 1:49 pm

1 Answer from Attorneys

Brian Di Pietro Brian DiPietro Law, PLLC

This question is asked in the drunk driving DUI section therefore I assume the underage drinking investigation was due to driving. Arizona law provides that a driver consents to blood or breath alcohol tests when suspected of driving having consumed alcohol. The choice of test administered is at the option of the law enforcement officer. If the suspect refuses to cooperate the law enforcement officer may seek a search warrant for blood, and having obtained the search warrant, take it by force if necessary.

The officer is not interested in your explanation of what he has observed since more than likely he does not believe you.

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Answered on 4/13/13, 11:59 pm

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