Utah’s Implied Consent Law
Implied consent in Utah means that when you first received your drivers license you agreed to submit to chemical tests if required by a law officer. If you are lawfully arrested by an officer who has probable cause to believe you have be driving under the influence, you have agreed to take a blood, urine breath or saliva chemical test to determine your blood alcohol content (BAC). The officer can choose which test you will take and may require you to take more than one test.
Driving under the influence of alcohol with a specified unsafe BAC, Utah Code §41-6a-502, includes the use of controlled substances (street drugs) and prescription drugs. A person may not operate or be in actual physical control of a vehicle within this state if the person:
- has sufficient alcohol in the person’s body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test,
- is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
- has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.
Drivers License Hearing
An individual can have their license suspended as either a part of their sentence, or if they refused a chemical test required by law enforcement (implied consent).
You must request a hearing withing 10 days after you have receive a suspension notice. The hearing must take place within 29 days of your arrest. If you fail to request a hearing your license will automatically be revoked.
If you are arrested for DUI in the Ogden area, your hearing is conducted by the Drivers License Division in Weber County.
What should you do?
1. If you have been arrested for DUI, you must request and attend your Drivers License Hearing. Remember you only have 10 days to make a DMV hearing request.
This is is your best opportunity to keep your drivers license pending the outcome of your DUI case.
2. Work to avoid fines, jail time, substance abuse programs and a DUI conviction that will appear on your permanent criminal record.
3. Your best defense is to hire the experienced Ogden DUI Lawyer, Ms. Tangaro. She will explore all possibilities that could result in a dismissal of your case.
As an experienced DUI lawyer, Ms. Tangaro will ensure that you get your DMV hearing. She will cross examine the arresting officer and gather information if your DUI case goes to trial.
Ms. Tangaro knows success when it comes to finding errors made by the arresting officer or the prosecutors office.
Tangaro Law represents clients in Weber County, including Roy and Ogden Utah.