Some Facts About Breathalyzer and Blood Tests
Under Utah law, every driver has already given consent for a police officer to test blood alcohol level via a Breathalyzer or blood test if the officer has reason to believe the driver is intoxicated. Read more about Utah's implied consent law.
A driver may still refuse a Breathalyzer or blood test, but refusal may result in loss of driver's license for 18–36 months.
Refusal to take a Breathalyzer or blood test may also result in the installation of an ignition interlock device for a period of three to ten years.
If a driver is unconscious or so inebriated that the officer judges the person incapable of giving or withholding consent, then the driver is presumed to have given consent and the officer can draw blood without asking.
If a person refuses a Breathalyzer or blood test, the police officer may obtain a search warrant in order to draw blood to test for the presence of alcohol or controlled substances.
The police officer may ask the driver to take two separate tests, one to detect the presence of alcohol and one to detect the presence of controlled substances.
DUI Defense Attorneys: Schatz, Anderson & Uday, LLC
At the criminal defense law firm of Schatz, Anderson & Uday, LLC, our lawyers have a long record of success challenging the administration of breath and blood tests in DUI cases. In the last five years alone, our attorneys have successfully resolved more than 1,200 DUI cases for clients throughout Utah, including in cities like Salt Lake City, Ogden and Provo.
Get More Information - Schedule a Consultation
Several pages of this website provide in-depth general information about topics relating to DUI defense:
- DUI Defense
- Commercial Drivers Licenses & DUIs
- Driver's License Hearings
- Felony DUI
- Field Sobriety Tests
- Ignition Interlock Device
- Implied Consent Law
- Underage DUIs
- Drunk Driving & DUI Information Center
- DUI FAQ
However, if you have questions about a specific arrest, we encourage you to contact our office to schedule a free initial consultation with one of our experienced DUI defense attorneys. Call toll free 866-604-3696 or contact us online.
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