The Two Ways of Proving DUI in Utah
In the state of Utah, there are two ways a person may be convicted of DUI. First, a person may be convicted if they have a blood alcohol concentration (BAC) of .08 or higher. Second, a person may be convicted of DUI if they are incapable of operating a motor vehicle safely because of alcohol or drug impairment.
Evidence the State Uses to Prove .08 BAC
To prove a .08 BAC, the state may use evidence from a breathalyzer test, blood test or urine test. Since urine tests are not very reliable, they are not used very frequently.
Breath Tests
The police use two types of breath tests. Prior to your arrest, the police use a portable breath test (PBT) to see if you have alcohol in your system. After you are arrested, you will be asked to submit to a breathalyzer test, sometimes called an Intoxilyzer test. While you are not required to take the pre-arrest PBT test, a refusal to take the post-arrest breathalyzer test can result in a driver's license suspension.
The attorneys at Wasatch Advocates will challenge the validity of breath test results by questioning the training and certification of the officer, the way the officer administered the test, and the certification and maintenance of the machine itself.
Blood Tests
If a blood test indicates that you had a BAC of .08 or higher, there are many ways we can challenge the validity of your blood test results. In addition to challenging the validity of the initial vehicle stop and arrest that preceded your blood test, we can challenge the test itself through scientific analysis.
Evidence the State Uses to Prove Impairment
If the police are unable to prove that you had a .08 BAC or higher, they may still obtain a DUI conviction if they can prove that you were too impaired to safely operate a motor vehicle. To prove alcohol or drug impairment, the police use field sobriety tests. These tests are very unreliable. As experienced DUI defense lawyers, we can challenge the reliability field sobriety tests.
To learn more about DUI laws and your rights, contact Wasatch Advocates in Salt Lake City, Utah. To schedule a free consultation, call 801-590-4458, or contact us by e-mail.
