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Utah Implied Consent Law

After a person is arrested for DUI in Utah, law enforcement will ask you to take a breath, blood, urine, or even a saliva test to determine your blood alcohol content (BAC). Since the results can be used as evidence against you in court, you may think that refusing a post-arrest chemical test is in your best interest.

Keep in mind, there are serious consequences if you do refuse such a test. According to Utah’s “implied consent” law, if a person is lawfully arrested by the police--after obtaining probable cause to believe that the person had been drunk driving--then you automatically consent to a chemical test.

Law enforcement in Utah is allowed to request more than one test. If an individual refuses to take one or more of these tests, his/her driver’s license could be suspended.

Refusal for a first-time DUI offense is punishable by a driver’s license suspension for up to 18 months. Refusal for a second-time DUI offense within 10 years carries a maximum three-year suspension period.

Upon arrest, police officers must warn you of the penalties for refusal. If you refuse, law enforcement will confiscate your driver’s license right away. You will then be issued a temporary permit that is valid for up to 29 days and given information on how to request an administrative hearing to contest the suspension.

If you have been arrested for a DUI in Salt Lake City, contact Lokken & Associates P.C. today at (801) 829-9783 to let us determine your available legal options.