Refusal of Breathalyzer Test in Utah

What happens if I do not submit to a breathalyzer?

At the time of writing, the Utah breathalyzer limit remains at 0.08%. You are in danger of being convicted of DUI if your Blood Alcohol Content (BAC) is at or above this level. By the end of 2018, the limit will be reduced to 0.05%. If you have been charged with driving under the influence, it is imperative that you get an experienced Utah DUI lawyer on your side as soon as possible.

Utah Breathalyzer Laws

According to the state’s laws, you are legally required to submit to a breath, blood, or urine test if arrested on suspicion of DUI. Utah has an ‘implied consent’ law which means that if an officer has ‘probable cause’ to believe you are driving under the influence of drugs or alcohol, and has lawfully arrested you; you automatically consent to a chemical test of your saliva, blood, or urine to determine your BAC.

In Utah, you can be asked to take a field sobriety test and the officer is also allowed to ask you to take more than a single test. If you decide to abide by the law, you have the right to choose the medical professional who conducts the examinations. Unfortunately, you don’t have the right to speak to a Utah DUI lawyer if you elect to take the tests.

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Refusing a Breathalyzer Test

Upon your arrest, the officer is obliged to inform you of the penalties for refusing the test. For instance, your license will be revoked upon refusal. You receive a temporary permit that lasts for 29 days, and it should also tell you how to request a hearing to challenge the suspension. At this stage, we urge you to get in touch with a qualified Utah DUI defense attorney.

The clock is ticking, and the stakes are extremely high. If convicted, a jail term of two days is mandatory, even if it is your first DUI conviction. Your license could be revoked for up to two years for a second offense, and the fines are substantial, as is the cost of maintaining an Ignition Interlock Device (IID).

I was arrested on my third DUI in ten years and was in the Utah County Jail looking at a Felony DUI and prison time. I needed an aggressive DUI criminal defense attorney out of Provo Utah who was familiar with the way the courts worked. When I called Dennis, He assured me that He was the best decision ever… He was not kidding.
I ended up getting court probation, No Jail Time, a small number of fines and the felony was dropped to a Class B misdemeanor. Thank you, Dennis.

– Todd H.

Failed Field Sobriety Tests

If you agree to take the Utah field sobriety test, you are rolling the dice. While it is risky to refuse, it has been proven that it is more difficult for the prosecution to convict someone of DUI without BAC evidence. If you take the test and are above the legal limit, the consequences of this failed sobriety test could be enormous.

If this happens to you, get in touch with Pawelek & Gale, Attorneys at Law. We are Utah DUI lawyers that specialize in this field, and our knowledge has helped countless clients achieve a beneficial outcome. If there were any issues during your DUI arrest, we will find them and use the information to help your case.

We have a proven track record of helping clients that face DUI charges, even those that failed a Utah sobriety test.  Whether you are over the breathalyzer limit or have refused a breathalyzer in Utah, we can help.

Pawelek & Gale – Your Utah DUI Defense team.

The consequences of a DUI conviction in Utah could be life-altering which is why you need to invest in a premium-quality Utah DUI attorney such as the team at Pawelek & Gale. When convicted of a DUI in Utah, you have to give a DNA sample that remains in a law enforcement database forever.

Our attorneys know every Utah DUI law inside out and can help you either reduce the sentence or enable you to avoid a conviction entirely. Get in touch with us today; your livelihood could depend on it.