Do I have to take a breath/blood test if I am arrested for
DUI in Utah?
Yes, and no. Utah's "implied consent" law provides that when
a person is given a driver license, it is "implied" that they have
consented to provide a blood or breath sample for testing to determine
whether they have been
driving
under the influence (DUI) of alcohol or drugs.. But
this consent can be withdrawn or revoked by the driver. The
more important question is not "can" you refuse submit to a blood or
breath test, but "should" you refuse. Consulting with an
experienced
Utah criminal attorney about
your specific circumstances is important. But the following
general information may be helpful.
When a driver is pulled over on suspicion of driving under the
influence, officers typically will conduct certain
standardized field sobriety tests ("FST's"). These
tests include a horizontal gaze nystagmus ("HGN") test, a one-legged
stand ("OLS") test, and a walk-and-turn ("WAT") test. These
tests are designed to be used to establish probable cause to determine
whether the person is under the influence. If the driver
fails these tests, police will consider that failure to establish the
probable cause needed to proceed to the next phase of their
investigation - obtaining a breath or blood sample to test for the
presence of alcohol (or drugs in the case of a blood test).
While you are free to refuse to participate in the field sobriety
tests, there are consequences for refusing to provide a blood or breath
sample upon request. Utah's implied consent law provides an
18-month driver license suspension as a penalty for refusing
to provide a blood or breath sample for testing upon request.
Even if you are later found not-guilty of the underlying DUI,
you may still have your license suspended.
In years past, it often made sense to refuse to take a breath test or
give a blood sample. If a driver refused to comply with a
police officer's request to provide a sample, the officer would either
have to give up his investigation or go through a rather lengthy
process to obtain a warrant to obtain a breath or blood sample from the
driver. Because of the time involved in obtaining a warrant,
in some cases the results of the subsequent test were no longer valid
or helpful to the police prosecution. But times have changed.
Because of the problems sometimes caused by the lengthy process of
getting a warrant, Utah law has been changed to make it easier for
police to get a warrant in DUI cases. An E-Warrant system has
been established that allows officers to quickly and easily obtain a
warrant allowing the police to seize a blood sample (by force if
necessary) from the driver and to test that sample for the presence of
alcohol or drugs.
While it will often make sense to refuse to participate in field
sobriety tests, it will rarely be beneficial to refuse to provide a
breath or blood sample. The police may still end up getting
the tests that they want, and you will be facing an 18-month driver
license suspension.
If you are facing charges for DUI in Utah,
contact us to see what an
experienced criminal defense attorney can do for you.