What is Utah’s implied consent law?
Utah’s implied consent law means you automatically agree to take a chemical test if police arrest you for DUI and have probable cause to believe you are impaired. This applies to anyone driving a motor vehicle whether it is a car, boat, ATV, motorcycle, etc.
You do not sign anything at the time of the stop. The law treats your decision to drive as your consent.
What types of tests can police require?
Police may require you to take a chemical test of
- Your breath
- Your blood
- Your urine
- Your oral fluids
The officer decides which test to use. You do not get to choose.
Can I talk to an attorney before taking the test?
No. Utah law does not give drivers the right to speak with an attorney or a doctor before deciding whether to take the test.
What happens if I refuse the test?
Refusing a chemical test has serious consequences, even if you are never convicted of the DUI.
If you refuse:
- Your driver’s license can be suspended for 18 months by the Utah Driver’s License Division
- The refusal can be used against you in court
- You may face harsher penalties, including higher fines.
What counts as a “refusal”?
A refusal is not limited to saying “no.”
The law also treats the following actions as refusals:
- Delaying or stalling the test
- Faling to provide a complete sample
- Not cooperating with the testing process
If you actions prevent the test from being completed, the law treats it the same as an outright refusal.
Is refusing ever better than taking the test?
Understand that refusal does not mean there will not be a chemical test. It means they will get a judicial warrant to draw your blood and complete the test. Refusal can create additional problems like an 18 month license suspension, instead of four, and the police still complete the chemical test.
Every case is different, but refusing a test can increase the penalties you face.
If I took the test, can I still challenge the DUI?
Yes. Even if you submitted to chemical testing, an attorney may be able to challenge
- The legality of the traffic stop
- Whether the officer had probable cause
- How the test was administered
- The accuracy of the test results
Taking the test does not mean you give up your rights.
What is the most important thing to remember?
If you drive in Utah:
- You have already agreed to chemical testing
- You cannot delay the test to get legal advice
- You cannot choose the test
- Refusal leads to immediate and lasting consequences
Understanding this law ahead of time can help you avoid decisions that may worsen your situation.
If you find yourself in a situation like this you need help navigating the legal system give us a call. You need a good legal team on your side.