Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Lawyers / Former Prosecutors
Call 801-449-1409 now to see what the right attorney can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

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  But this consent can be withdrawn or revoked by the driver.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.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • Utah Expungement Attorney Expungement - Worked to restore client's expungement eligibility through 402 reduction process, then filed successful expungement petitions in multiple courts obtaining expungement orders and clearing client's official criminal history.
  • Utah Burglary Attorney Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Utah Criminal Defense Strategy

The right criminal defense lawyer can work with you to develop a defense strategy designed to achieve the best results. Hiring a Utah criminal attorney with real courtroom experience and an in-depth understanding of the legal issues involved in defending against a criminal prosecution can help ensure the best...

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....

Experience »
Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

Consequences »
Utah Criminal Defense Attorney - Hope

Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.