DUI Implied Consent

Salt Lake DUI Lawyer

In order for a person to be convicted of DUI, there are four elements that must be present at the given time; an individual, a vehicle, the individual in control of the vehicle and the individual under the influence of alcohol, another drug or both.

Concerning the phrase “under the influence” courts generally hold that to mean someone’s ability to operate a vehicle has been affected or impaired. This means that it must be understood that the individual is usually competent in operating a vehicle otherwise, thus being able to show that the individual has been affected by a substance. A DUI is considered a criminal offense; therefore there should be no doubt in the factors that caused the event.

What is Impairment?

There is no clear description of impairment. Some courts hold that any degree of impairment to the ability to drive means that driver is “under the influence.” While other courts hold that there must be a substantial degree of impairment to the ability to drive for it to be considered so. Since the line is vague, an Implied Consent Law takes its place in a DUI conviction.

Implied Consent Law in Utah

The main purpose of the Implied Consent Law is to give authorities liberty to assume that an individual being convicted has consented to a chemical test to provide evidence of alcohol influence. Therefore when someone is being convicted the Implied Consent Law states that the individual must submit to a chemical test. The law also holds punishments and penalties to those who refuse to do so. If the refusal is found to be considerably unreasonable the law also provides that the driver’s license may be suspended. This threat of revocation or suspension is also another means of encouraging the driver to a chemical test.

Once the driver takes a chemical test and the person’s blood alcohol concentration (BAC) is determined, a legal presumption of whether the driver was “under the influence” or not is made.  Utah’s BAC limit is 0.08.

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If you have been charged with a DUI in Utah call our criminal defense attorneys to set up a free consultation.  We’ll help you understand how best to defend against your DUI charges.

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