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State laws vary significantly, but Arizona is known to be one of the toughest states on first-time DUI offenders, even for those facing a DUI without breathalyzer or blood test. In Arizona, first-time offenders often receive mandatory minimum penalties, which can include severe fines and a year of license suspension. Additionally, offenders might be required to install an ignition interlock device in their vehicles, emphasizing the state's commitment to road safety. Understanding the legal landscape is crucial for anyone facing such charges.
In fact, a breath test is unnecessary for the police to arrest you on suspicion of driving under the influence. Other factors, including the smell of alcohol, reckless driving prior to pulling the driver over, slurred speech, or the driver's behavior, can be a reason for a DUI arrest.
A refusal to submit to a blood or breath test after arrest results in immediate license suspension or revocation under state law. For a person who has not refused a blood or breath test in the previous seven years, the suspension or revocation lasts one year.
Police are permitted to arrest someone for DUI without a breathalyzer test. In fact, the police report, which details the driver's demeanor and interactions with police, is one of the most important pieces of evidence in any DUI case.
If convicted of DUI, one of the consequences of refusing to take the test can lead to mandatory additional jail time. For a first-time DUI offense, refusal means an extra 48 hours in jail. For a second offense, refusal adds another 96 hours behind bars.
However, there are cases where Florida authorities may detain someone for a DUI even if the individual isn't operating a vehicle at that moment. Charges might be levied without a formal blood alcohol test as well. Despite the scant or missing evidence, the legal system could still aim for a conviction.