Breath Test Refusal Salt Lake City, Utah
While you have a right to avoid incriminating yourself in a crime, Utah's Implied Consent law says that you must take a breathalyzer or blood test if suspected of driving under the influence(DUI)—or suffer the consequences. In fact, the law states that—just by operating a vehicle on Utah roadways—you automatically give your consent to be tested for alcohol and/or drugs if asked by an officer. The penalty for a breath test refusal carries serious penalties that can have an impact on your day-to-day life, so it's imperative that you contact a qualified defense attorney after being arrested for DUI in Salt Lake City.
Breath Test Refusal Penalties
A Utah DUI arrest will trigger two separate legal actions: administrative and criminal. The administrative penalty—imposed by the Department of Motor Vehicles (DMV)—is an automatic license suspension. This suspension will occur even before your case is heard by the criminal court. In order to appeal the loss of your driving privileges, you must be able to prove that the officer lacked probable cause to charge you with drunk driving as well as submit an administrative license hearing request within 10 days of your arrest.
The penalties for a breath test refusal are much more severe than if you had taken the test and failed. For a first breath test refusal, your license can be suspended for 18 months; however, someone who failed the breathalyzer would only get a 120-day license suspension. The suspension period for a second and three breathalyzer refusal is increased to three years (as compared to a two-year suspension for failing the test).
Unlike many other states, Utah does not allow individuals who lose their license for drunk driving to obtain a limited or work permit. This means you are truly unable to drive throughout the entire suspension period, or face additional penalties. If you don't contest your pending license suspension before the deadline is up, you lose all chances for an appeal.
Fight Your License Suspension with the Help of a Salt Lake City DUI Lawyer
The DMV hearing request process can be complicated, so having an attorney on your side to handle the suspension appeal is a worthwhile investment. Our attorneys will investigate your arrest to collect the proper evidence and ensure that your hearing request is submitted on time. Our number one goal is to minimize the impact that a DUI arrest has on your life, family, and career.