Refusing a Breath Test | Provo DUI Lawyer

DUI Tests – What are Your Rights?

Many clients come to our office after being arrested on a DUI in Utah County, either an alcohol related DUI or DUI metabolite, and want to know whether or not they could have refused to submit to any of the tests given to them. In DUI cases, officers will often run you through a variety of tests to determine whether or not you are driving drunk. In almost every case, the first test administered by the officer will be a series of field sobriety tests, followed by a portable breath test, and finally an intoxylizer. In some instances, the police may even ask you to submit to a urinalysis or a blood test. In every case you always have the right to refuse to submit to any test. However, refusing to submit to any DUI test may carry serious consequences.

Effect of Refusal

Under Utah law, by simply driving in the state you implicitly agree to submit to a portable breath test if you are pulled over and suspected of DUI. If you refuse the breath test, under new legislation, your license can be suspended by the Driver’s License Division for potentially longer than if you submitted to the test and were subsequently found guilty of a DUI.

Minors Who Refuse

It gets worse, if you are under the age of 21 and you refuse to submit to a breath test, your license could be suspended for 18 months or until you reach the age of 21. This means that if you are 16 and you refuse a breath test, you could potentially lose your license for 5 years. This could be extremely detrimental to a young person’s ability to attend college or be employed.

Will I be Arrested if I Refuse a Test?

Generally speaking, it is not a crime to refuse a test. However, we have seen cases where the officers arrested the individuals on some other technicality as opposed to the refusal itself.

Free Consultation – 1-801-900-3371

To better understand your rights and to hire a team of dedicated DUI lawyers ready to fight your case, call us today. We offer free consultations over the phone and in our office. If you have been arrested or charged with a DUI, you are facing potentially harsh penalties. Do not go at it alone; get one of our Provo DUI Defense Lawyers on your side today.

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