Refusal to Consent to Testing
Under Utah’s implied consent law, when you drive a vehicle in the State of Utah, it is implied that you will submit to a chemical test of your breath, blood, or urine to determine the alcohol or drug content if lawfully asked to do so by a peace officer.
The results of chemical test help determine whether an individual has been driving or in actual physical control of a vehicle while under the influence of alcohol, drugs, or both. If an officer arrests you for driving while in such a condition, you must submit to the chemical tests selected or designated by the officer.
If the officer asked you to take any chemical test, Utah law does not necessarily allow you to choose which tests you will take or consult with an attorney or doctor before agreeing to take such tests. In many cases, the defense will show that the officer did not properly read Utah's implied consent warning or that no refusal actually occurred.
Attorney for DUI Refusal Cases in Salt Lake City, Utah
If you were arrested for DUI and the officer alleged that you refused to submit to a chemical test of your breath, blood or urine, then contact an experienced drunk driving defense attorney at Brown, Bradshaw & Moffat, LLP. Our attorneys are experienced in fighting a wide variety of DUI cases.
Let us put our experience to work for you. Call (801) 532-5297 today for a free consultation to discuss your case.
Utah's Implied Consent Statute
“A person operating a motor vehicle in this state is considered to have given ... consent to a chemical test of the person's breath, blood, urine or oral fluids....” Utah Code Ann. § 41–6a–520(1)(a).
The peace officer requesting a test shall warn a person that refusal to submit to the test or tests may result in revocation of the person's license to operate a motor vehicle ... if the person:
(i) has been placed under arrest;
(ii) has then been requested ... to submit to any one or more ... chemical tests ...; and
(iii) refuses to submit to any chemical test requested. Id. § 41–6a–520(2)(a).
If, after receiving the warning, “the person does not immediately request that the chemical test or tests offered by a peace officer be administered, a peace officer shall, on behalf of the Driver License Division ... give notice of the ... Division's intention to revoke the person's privilege or license to operate a motor vehicle.” Id. § 41–6a–520(2)(b).
Consequences of Refusing DUI Chemical Testing
If you refuse to do so, your license will be revoked for 18 months for a first offense and 36 months for second or subsequent offenses.
If you are under the age of 21, the license will be revoked for either two (2) years for a first offense, or 36 months for a second offense; or until you reach the age of 21, whichever is longer.
Any time your license is suspended/revoked for an alcohol-related offense, you may apply for a new license after the suspension/revocation period by paying a $65 reinstatement fee and the regular license fee and by taking the required examinations.
An additional $230 administration fee may be required in some cases. If a driver does not do everything the court orders, the court will notify the Driver License Division, which will suspend the driver license until the driver has done all that the court ordered.
*Update: Utah Governor Gary Herbert signed HB 155 into law changing the legal blood alcohol level from 0.08 to 0.05. The Bill will take effect December 30, 2018.