Refusing any DUI Chemical Test is a “Refusal” in Utah

In Utah everyone who drives a motor vehicle in the state is deemed to have given his implied consent to be subjected to a chemical test during a DUI investigation.

In a Utah DUI a police officer or other law enforcement officer is likely to pull you over for some technical traffic violation such as having a tail light out.  If the officer develops probable cause after stopping you that you have been driving under the influence of drugs or alcohol he can request that you take a chemical test.  That chemical test can be in the form of a blood test, urine test, or most commonly, a breathalyzer (in Utah law enforcement uses the Intoxilyzer brand of machines).  A law enforcement officer can request that you take one, two, or all three tests and if you refuse any one of them, your driver’s license will be revoked for 18 months.

At Salcido Law Firm we are working on DUI cases all over the state every day.  We just recently finished up a case where our client told the law enforcement officer that he would submit to the most accurate chemical test.  The officer wanted him to take a breathalyzer test, but he knew that a blood test tends to be more accurate so that is what he requested.  The officer did not explain very well that if he refused the breathalyzer, even though he was volunteering to do a blood test, it would still constitute a “refusal” and his license would be suspended for 18 months.  At the driver’s license hearing the Driver’s License Division found that he had refused and suspended his license.

We appealed the DLD’s decision to the district court and ultimately we were able to save his license and get him a great result in his criminal case as well.  It was a close one and in most cases if there is sufficient evidence of refusal the chances of getting a license back is slim.

Give our criminal defense attorneys a call at 801.618.1334 for a free consultation if are facing DUI charges.  It’s important to get lawyered up before you lose your license.

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