Refusing a Breath Test in Utah | Driver’s License Suspension

Many people do not realize that refusing a breath test in Utah can result in a driver’s license suspension. We see many cases every month where a person who was pulled over refuses to submit to a portable breath test at the scene or an intoxilyzer breath test at the police station. Often these people simply request to have an attorney present prior to any testing or ask to at least consult with a lawyer before they agree to any kind of breath test. While this intuitively makes sense to people, the fact is the law in Utah is very tough on this issue and requires all drivers suspected of a DUI to say yes to a breath test. Beware; if you are pulled over and asked to perform a breath test in Provo or anywhere else in Utah County, you could lose your driving privileges for several months if you do not agree. The officer is required to read you a refusal admonition in the event you say no; sometimes the officer forgets to do this so and this may have an impact on the outcome of your case. While you are entitled to a Provo DUI attorney to represent you if you are charged, that right does not permit you to say no to a breath test before consulting with your lawyer. The fact is in most cases, even if you refuse a breath test the police will draw your blood to test your BAC level. And if you refuse the blood draw, the police may obtain a warrant to take your blood.

Refusing Field Sobriety Tests

Refusing field sobriety tests does not carry the penalties described above. Field sobriety tests are difficult and it is possible for individuals to fail these tests even if they have not been drinking. However, you do not have to fear losing your driver’s license if you refuse a field sobriety test. The typical field sobriety tests include the HGN (the follow my pen or finger test), the Walk and Turn, and the One Legged Stand. There are many factors that can affect these tests. As such, you should speak with a lawyer about how these tests were conducted or if you refused to take the test and have been charged with a DUI in Provo, Orem, American Fork, or anywhere else in Utah County.

Utah County Law Firm

We are a Utah County law Firm committed to serving individuals charged with DUI and other related alcohol offenses in Utah. If you have been charged with drunk driving, impaired driving, or any other crime, call us today. You should especially speak with us immediately if you refused to submit to a breath test. We look forward to helping you through this difficult process.

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