The Official Implied Consent Test & When It Occurs

Woman standing behind barsThe OFFICIAL Implied Consent Test will typically be requested after arrest—refusing this can cost you your license. Don’t confuse the non-evidential, hand-held breath detector used at the roadside with the official, forensic breath test at the station.

Handheld detectors that are used at the initial roadside stop location generally are NOT forensic devices—meaning that no print-out is made to memorialize the alleged breath alcohol readings. The roadside testers are also 100% optional in the large majority of states, with no penalty for saying no to this optional device. The official breath testing, using a device to create a test card for use against you at trial, is mandatory. You can be put at risk of losing your entire right to drive if you refuse this testing. Additionally, the devices that are used to check for and quantify drugs in your system are typically found in hospitals or the crime laboratory, but blood can be drawn or urine can be collected anywhere, including at a jail, a fire station or at a detention center. In Arizona, officers are authorized to forcibly collect your blood at the roadway, over the hood of their patrol cars!