According to Section 41-6a-520 of the Utah Code Annotated, a person operating a vehicle in the state gives his or her “implied consent” to testing to determine his or her blood alcohol content. If you refuse to take a breath, blood, urine or saliva test, there are several penalties. These penalties include:
— Revocation of your driver’s license.
— Five or 10 years of only driving without any measurable alcohol in your system.
— Three years of using an ignition interlock device.
The police officer must have arrested you, asked for you to take a test to determine your BAC and you refused in order for the above penalties to apply. A temporary driver’s license will be issued by the police officer that is good for 29 days. If you are issued a citation for driving under the influence, this can serve as your temporary license as well.
If you refuse to take the breath test or tests
— a police officer can ask you take to take more than one — you will be issued paperwork that will explain how you can file for a hearing with the Driver’s License Division. In a rather unusual twist, you don’t have the right to an attorney before you take the test. This means that the decision on whether you take the test is truly your own.
For those arrested for drunk driving, a solid defense is needed. For most people, the loss of their driving privileges will critically affect their job and even their social relationships. An experienced DUI attorney can provide a great deal of information on what defense strategies might work in your case.
Contact Greg S. Law at 801-261-6228 / Toll Free: 888-784-3554 or email us here.
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call or complete the intake form below.
Greg S. Law, provides aggressive criminal defense representation in the Salt Lake City area and throughout the state of Utah, including cities such as Ogden, Provo, Park City, Sandy, Orem, Heber, Vernal, Duchesne, Roosevelt, Tooele, West Valley City, West Jordan, Kearns, Murray, Cottonwood Heights, Layton, Kaysville, Farmington, Centerville, Bountiful, Price, Moab, Cedar City and St. George. Salt Lake County ∙ Davis County ∙ Weber County ∙ Utah County ∙ Summit County (UT)