Refusing a Drug Test in Arizona: All You Need to Know

By Daniel B. Kaiser

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Criminal Defense

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Last Modified on Dec 30, 2025

Arizona is known for its breathtaking natural beauty and offers many destinations, including Horseshoe Bend, Antelope Canyon, Monument Valley, and the Grand Canyon. If your adventure is interrupted by a traffic stop, it is important to understand the implications of refusing a drug test in Arizona.

Hire a Drug Crime Lawyer in Arizona Today

If you refuse to take a drug test in Arizona as part of a traffic stop, it is important to consult with a knowledgeable drug crime attorney. The right legal representation will help you navigate the complexities of DUI law and protect your rights throughout the entire process. The Kaiser Law Group has over 80 years of combined experience and can build a strong case in your favor.

Impaired Driving in Arizona

According to the Arizona Department of Public Safety, an individual over 21 can receive a charge of driving under the influence (DUI) if they have a Blood Alcohol Concentration (BAC) of 0.08% or higher; 0.04% for a commercial vehicle driver; and 0.00% if under 21.

Driving under the influence is a significant concern in Arizona. There were 5,000 drug or alcohol accidents reported, including 2,850 injuries and 340 fatalities. The most common time for incidents was between 9 p.m. and 3 a.m., particularly on Friday and Saturday nights.

DUI Penalties in Arizona

The penalties for DUI in Arizona depend on the number of prior offenses. A first-time offense carries a minimum of 24 hours to 10 days in jail; a base fine of $250; a license suspension of 90 days to one year; and the installation of an interlock ignition device.

A second offense may result in a minimum jail term of 30 to 90 days; a base fine of $500; a suspended license for one year; and the installation of an interlock ignition device. A third offense results in at least 4 months in jail; a minimum fine of $750; a suspended license for 1 year; and the installation of an interlock ignition device.

The court may also order an individual to attend addiction recovery treatment, including inpatient treatment, outpatient treatment, medical detox programming, and attend alcohol/drug support or 12-step programs.

What Happens After Refusal to Take a Drug Test?

Arizona has written protocols for the steps following an individual’s refusal to take a drug test. They are outlined in A.R.S. 28-1321.

1. The officer on the scene will file a certified document stating that a drug test was refused.
2. You will immediately have to surrender your driver’s license or permit.
3. The officer will issue a temporary license that will be valid for 15 days.
4. An order will be issued that suspends your driver’s license.
5. After 15 days, your license will be suspended.
6. You can request a hearing in writing or online with the Arizona Motor Vehicle Department (MVD).
7. A hearing will be scheduled within 60 days of the request. The MVD may issue a temporary driving permit until a final decision is made.
8. An Administrative Law Judge (ALJ) will preside over the hearing, consider testimony and evidence, and make a decision.
9. The ALJ will issue a formal and binding order in writing within 10 days of the hearing.
10. If the suspension stands, your license will be suspended for one year for a first offense and two years for a second offense within seven years.
11. You can apply for reinstatement following the period of suspension and completion of drug and alcohol screening.
12. If the judge decides not to impose a suspension, your driving privileges will be reinstated.

The DUI driver license suspension hearing is an administrative, not a criminal, hearing. The state and the driver will be given the opportunity to present testimony and evidence in support of their positions. At this hearing, the driver may represent themself or have legal counsel.

FAQs About Refusing a Drug Test in Arizona

What Happens if You Decline a Drug Test?

If you decline a drug test as a result of a traffic stop, you will immediately have your driver’s license or permit confiscated and be issued an order of suspension. The order of suspension will result in your license being suspended for 15 days from the date of the arrest. The suspension will last for 12 months for a first refusal and 24 months for an additional refusal within seven years.

What Happens if I Refuse to Submit to a Drug Test Ordered by the Court?

Refusing to submit to a court-ordered drug test can have serious implications. If a court requests a drug test, it may be linked to an ongoing case. If you refuse to submit to a court-ordered drug test, it can potentially impact custody if you are in a child custody battle. Refusal could lead to the revocation of your bond and return to jail. Refusal can also lead to time in jail or longer jail sentences.

Is Refusing a Drug Test the Same as Failing?

No, refusing a drug test is not the same as failing. Failing a drug test associated with suspicion of driving under the influence of drugs may result in arrest. If convicted, you may face suspension of driving privileges, mandatory jail time, community service, court-ordered addiction recovery treatment, or probation. Refusing to take a drug test will result in a one-year suspension of your license for a first refusal and a two-year suspension for a subsequent refusal.

How Do You Fight a Refusal to a Drug Test?

If a driver refuses to complete a drug test, some options exist in Arizona. If a driver refuses testing, they are provided with a period of time (30 days) to review and contest the suspended license. The driver may request a hearing. At the hearing, the court will determine whether there were reasonable grounds for the arrest and whether the individual was aware of and informed of the consequences of refusing the test.

Contact a Drug Crime Lawyer in Arizona

If you have refused to take a drug test in Arizona, you may need the help of a skilled drug crime lawyer to navigate the legal complexities of what to expect next. Contact The Kaiser Law Group to schedule a consultation and learn about your options.