Utah Implied Consent Law and DUI Chemical Tests

Because most people do not plan on being pulled over for DUI they are not aware that Utah has an Implied Consent Law.

• You do have the right to refuse field sobriety tests or any roadside tests.
• You have the right to remain silent.
• Once you are arrested you have agreed to take chemical tests (implied consent.)
• You also have the right to call lawyer once you have been arrested and taken or refused your chemical tests.

Understanding the Utah 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. These tests are of the person’s breath, blood, urine, or saliva 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.

Breath Analysis Test: This test is given once you have been arrested. It is not a roadside test or a portable breath test. It is the most commonly used chemical test because it is in expensive and easier to administer.

Blood Alcohol Test:  This blood draw is done after your arrest either at the police station or a medical facility.

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:  This another common test that is easy to conduct. The testing officer will swab for saliva between the gum and cheek and the swab will be sent to a lab for results.

All chemical must be given as soon as possible from the time your were driving. The officer can choose the test and can make you take more than one test.

Failing to agree to a Chemical Test

• If you refuse to take a chemical test the officer must remind you of the Utah implied consent law.
• You may automatically loose your license for 18 months on your first offense.
• On a second offense you may automatically loose your license for 36 months.

 

Take advantage of your right to council. Call me if you have been arrested for DUI. 801-673-9984

Cara Tangaro, Utah DUI Defense Lawyer

 

 

“In 2014 I was named as Utah Legal Elite for DUI defense. This selection reiterates the effort and fight that I put into my clients cases.’