If You Refused to Take a Breath Test
By driving in the state of Utah, you are implicitly agreeing to submit to a breathalyzer test in the event a police officer has cause to believe you were driving under the influence of alcohol or drugs. The Utah DMV severely punishes drivers that refuse a breathalyzer test.
If you have been arrested for DUI or your license may be suspended for a breathalyzer test refusal, contact the DUI defense lawyers at Wasatch Advocates. Based in Salt Lake City, we represent clients throughout the Wasatch Front in all aspects of DUI defense.
New Legislation Increases Duration of Driver's License Suspensions
Legislation passed in 2009 has increased DUI driver's license suspensions for certain DUI offenses. If you have been accused of refusing a breath or chemical test, your license could actually be suspended for a longer period than if you had been convicted of drunk driving. As a result of the new legislation:
•Your license could be suspended for 36 months if you refused a breath test and have a previous DUI conviction.
•If you are under 21 and you refused to test, your license could be suspended for 18 months or until you are 21, whichever is longer.
Contact a DUI/DWI defense lawyer at our firm to protect your rights.
Know Your Rights - Call 801-662-0077
People who are stopped by the police typically do not know their rights. If you are stopped by a police officer:
•You have a right to remain silent, but you must provide the officer with your driver's license and proof of insurance if requested.
•You do not have to submit to a field sobriety test
•You do not have to submit to the portable breath test (PBT) prior to arrest, but you must take the breathalyzer test after you are arrested to avoid a license suspension for breathalyzer test refusal.
If you have already been arrested, there are a number of ways our firm can protect your rights. We handle all criminal charges and driver's license suspension hearings.
Can I be Arrested for a Refusal to Test?
This is a common question. Technically, the answer is no. Refusing to take a breathalyzer test is not technically a crime. However, your license may be suspended by the DMV for a breathalyzer test refusal. And even without the results of a breath test, the police may still arrest you for DUI if they have probable cause to believe that you are driving while impaired.
Contact Us
If you need to speak with a criminal defense attorney about a Utah DUI charge or license suspension hearing, call Wasatch Advocates at 801-662-0077, or contact us by e-mail.