What is Implied Consent and DUI in Utah?
Implied consent and DUI in Utah is the rule that each and every person who drives a motor vehicle (car, boat, ATV, motorcycle, etc.) in this state is considered to have given his implied consent to be subjected to a chemical test. The simple act of driving a motor vehicle is what constitutes the implies consent. Although a driver can always revoke the
implied consent, the implied consent is automatic upon driving.
Consequences of Not Taking A Chemical Test
If a law enforcement officer arrests a driver for a Utah DUI he has to read the driver the Utah Implied Consent Admonitions form before conducting the chemical test. The admonition form explains to the driver the consequences of taking a chemical test and of not submitting to the chemical test. One consequence of not submitting to a chemical test is that the driver will lose his driver’s license for 18 months. Further, it’s also important to note that a refusal to any particular chemical test (urine, blood, breath) is considered a refusal. This means that if the cop asks you to submit to a breath test and you refuse that test but agree to take a blood test, your license will still get suspended for refusing the breath test.
Consequences of Taking A Chemical Test
If a driver does not refuse a chemical test, the results of the test can be used in a DUI case brought against the driver. The results come in the form of a toxicology report for urine and blood tests and a printout from an Intoxilyzer machine when a breath test is conducted. Assuming there is a proper chain of custody for the blood and urine samples and no problems with the breath machine, the results can be admitted as prima facie evidence that the driver’s blood alcohol content was over the statutory minimum of .05.
For more information regarding implied consent and DUI in Utah, call our firm’s Utah DUI lawyers for a free consultation.