The law pertaining to drinking and driving is sometimes complicated and confusing. The majority of the pertinent statutes can be found in Title 28 of the Arizona Revised Statutes. This overview discusses the law in Arizona and some of the issues that are most commonly confronted in a drinking and driving case. A typical drinking and driving case usually includes criminal and civil issues. The civil issues usually pertain to driving privileges.

Implied Consent
The law states that any person who operates a motor vehicle within the state of Arizona and is arrested for an offense related to drinking and driving is presumed to have given consent to a test of his/her breath, blood, urine or other bodily substance, for the purpose of determining alcohol concentration. The arresting officer has the authority to decide what type of test the driver must complete and the authority to require more than one type of test. The law also states that a person who is dead, unconscious, or otherwise incapacitated is deemed not to have withdrawn consent.

The arresting officer must inform the driver that a refusal shall result in a license suspension for twelve months. The officer must also inform the driver that if the test results indicate an alcohol concentration of .08 or more for a non-commercial driver's license, then driving privileges will be suspended for ninety days. Almost any failure to expressly agree to the test(s) or successfully complete them will be deemed a refusal and result in a twelve month suspension of driving privileges.