Salt Lake City DUI Attorney on suspected DUI testing laws.
Utah DUI Law requires you to take a chemical test:
Utah’s Implied Consent Law: A person operating a motor vehicle in this state is considered to have given the person’s consent to a chemical test or tests of the person’s breath, blood, urine, or oral fluids for the purpose of determining whether the person was operating or in actual physical control of a motor vehicle while under the influence of drugs or alcohol.
The law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence that an officer can require a chemical test to determine your blood alcohol content. The test must be taken as soon as possible from when you were last driving and the officer gets to choose which test you take.
The key phrases here are lawfully arrested and probable cause to believe you have been driving under the influence.
Breath Analysis Test: A test showing the percentage of alcohol in a person’s blood, assuming the same as the percentage of alcohol is in a person’s breath. Breathalyzers are the most commonly used chemical sobriety test due to their accessibility, convenience, and inexpensive cost.
Blood Alcohol Test: This test checks the amount of alcohol in the blood when a person is suspected of being legally drunk. This blood draw is made just like any other blood draw, with a needle and a tube attached to the needle.
Urine Test: At the police station, hospital or clinic the officer can request a urine sample and have the sample verified by a lab.
Saliva Test: The collection of saliva for saliva drug tests is easier and less invasive than urine or blood. The test is made by using a swab between the gum and cheek for about 2 minutes.
The officer can choose the test and can make you take more than one test.
If you refuse a chemical test you may automatically loose your license for 18 months.
You do have the right to refuse field sobriety tests.
Utah field sobriety tests include:
9 Step Walk and Turn
One Leg Stand
Portable Breath Test
Horizontal Gaze Test
- If you refuse a field test, chances are your will be arrested.
- If your are arrested for DUI you may go to jail immediately.
- Each Utah police agency has their own jail policy.
- Most Utah arresting police agencies will have your car impounded.
Once your have been arrested for DUI in Utah, you have just 10 days to request a diver’s license hearing.
If you have been arrested for DUI in Utah, it is very important to choose an experienced lawyer who is competent and aggressive. Utah DUI laws can be complicated. NEVER represent yourself.
Call Salt Lake City DUI Lawyer Cara Tangaro
In 2014, Ms. Cara Tangaro was named to the Utah Legal Elite for DUI Defense in 2014. Utah’s Legal Elite is a list by “Utah Business” magazine, recognizing Utah’s top attorneys as selected by their peers in the legal community.
Call Tangaro Law 801-673-9984
For Salt Lake City, Utah DUI Attorney representation at your Utah drivers license hearing and for all criminal charges due to your arrest for DUI in Utah.