In Utah, as in most states, getting a driver’s license means giving your implied consent to allow a police officer to test you for the presence of alcohol if they have probable cause to believe you are under the influence. In practical terms, this means that if an officer stops your vehicle and has probable cause, he or she may ask you to take a breath, blood or urine test, or test all three, and you can’t say no without paying a serious price.The bottom line: If you are facing a suspension of your driving privileges for refusal to test, call or contact the offices of Greg S. Law, online for a free initial consultation with an experienced Salt Lake City attorney.
What If I Refuse To Take A Breathalyzer Test in Utah?
It is not a crime to refuse to take a blood, urine or breath test. However, anyone who refuses to take any or all of the tests may be subject to an 18-month driver’s license suspension for a first refusal. For a second refusal, you could lose your driver’s license for 36 months (3 years).
I Refused To Take A Test But Was Still Arrested For Drunk Driving. Why?
Even though it is not a crime to refuse a test, the officer may still arrest you for a DUI if they have probable cause to believe that you are intoxicated. To obtain probable cause, they may ask you to take a field sobriety test. You have no legal obligation to take a field sobriety test in the state of Utah. Refusal to take a field sobriety test, e.g., the HGN test, the one-leg stand, or the walk-and-turn, will not result in a driver’s license suspension.
We Understand The Boundaries Of Implied Consent in Utah. Call Today.
Call Greg S. Law at 801-428-1029 local or 888-784-3554 toll free.
Our Utah DUI lawyers have handled hundreds of DUI cases throughout the state of Utah, and have extensive experience in building defenses based on implied consent and probable cause among other elements in test refusal and driver’s license revocation hearings.
To learn more about how we can help, call either of the two numbers listed above or contact us with a brief e-mail message. We offer a free initial consultation, and are available for evening and weekend appointments. We also accept major credit cards.
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 Utah Criminal Defense Lawyer, Greg S. Law. To schedule a meeting with Greg, 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)