Understanding how police use testing in DUI cases can help you see where errors may occur and how those results could affect your future.
Learn About Your Breath and DUI Blood Test in Utah
Branson West Law
Driving under the influence can result in serious penalties in Utah such as jail time and high fines. Prosecutors use the results of breath and/or blood tests as the main piece of evidence in DUI cases, so it’s important to understand what these tests do.
If you have questions about the legalities of DUI blood tests in Utah or need a skilled defense attorney in your case, contact Branson West Law.
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If you're facing criminal or DUI charges, don't wait. Branson West offers free, confidential consultations to help you understand your rights, the charges against you, and what steps to take next. With decades of experience and a deep understanding of the Utah court system, Branson provides honest, straightforward legal insight, whether you choose to move forward with him or not.
Frequently Asked Questions
Unless you are legally required to inform your employer upon any infraction of the law, you are not required to report it. Remember, a DUI charge is not a conviction. With the help of an aggressive and experienced Utah DUI attorney, you may avoid conviction or better yet, beat the DUI charge completely. Ultimately, it may be better to wait for the outcome of your DUI case to avoid putting strain on your employee/employer relationship. Contact Branson K. West, Utah's top DUI attorney, to schedule your first hearing for free and to discuss your case with no obligation.
When people get pulled over for a DUI in Utah, one of their main concerns is whether they will have to serve additional jail time beyond the time served after a DUI arrest in Utah. The answer depends on the circumstances, prior offenses, plus more. The most important thing to remember is DO NOT PLEAD GUILTY TO YOUR UTAH DUI CHARGE! It is crucial that you fight your Utah DUI aggressively with a DUI attorney in Utah who has the knowledge, experience, and compassion for your Utah DUI charge and situation. Call 801-285-5550 immediately for a free Utah DUI case review and protect your rights and freedom.
Depending on the circumstances of your arrest and number of offenses, you may be ordered to attend a driver's educational series program and/or undergo alcohol treatment which can run anywhere from 4 to 50 hours. An experienced DUI attorney can help you negotiate the best possible outcome for your DUI case in Utah. Contact Branson West Law Firm to learn more about Utah DUI penalties or to schedule a free DUI case review.
If you are convicted of a Utah DUI, you will be required to have an ignition interlock device installed in your vehicle. The amount of time you are required to keep the ignition interlock device varies depending on your age, number of DUI offense and any violations related to the device.
The Miranda rights for each citizen and non citizen are guaranteed by the United States Constitution. They are not required to be issued by police at the time of arrest. If this happens, your attorney may ask that any statements made to the police not be used against you in a Utah Court.
These rights include:
- the right to remain silent
- the right to a lawyer present while you are questioned
- the right to an appointed lawyer if you cannot afford one.
An arrest can be frightening and stressful. Don't hesitate to call 801-285-5550 for a free and confidential consultation or to get all your questions about your rights answered.
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Implied Consent for Breath or Blood Tests
Branson West Law
Utah has an “implied consent” law, which essentially states that by choosing to drive a vehicle in Utah, you consent to being tested for alcohol or drugs when asked by a police officer. It is important to note that for your case, police officers must have had cause to pull you over, and they have to inform you of your rights — including the penalty for refusing to submit to a test, should you choose to refuse a chemical test.
Refusing to take a breath or blood test will result in automatic license suspension up to 18 months. If you submit to an Intoxilyzer test and fail, your license would only be suspended for a maximum of four months.
These consequences only pertain to the first offense. Subsequent offenses for DUI would have significantly higher consequences.
In Utah, license suspension is an extra severe consequence. Drivers in many other states who have had their license suspended for drunk driving can obtain a limited or work permit that allows them to drive in certain circumstances. Utah does not allow such permits. If your license is suspended you cannot drive for any reason or you risk facing additional penalties, other than if you elect to an ignition interlock device, as previously stated.
There are two different types of breath tests police officers use in Utah: portable breath tests, or PBTs, and Breathalyzer® or Intoxilyzer machines. PBTs are not 100% accurate and the results are not admissible in court. Breathalyzer® or Intoxilyzer aren’t 100% accurate either, but the results can be used in court.
The Intoxilyzer machines used by Utah police utilize light-based instruments to measure the amount of alcohol vapor in your lungs. Once the measurement for alcohol vapor is taken, the machine produces an estimate for how much alcohol must be in your blood to create the amount of alcohol vapor in your lungs.
There are many factors that affect the accuracy of this calculation, such as:
- Your weight
- How long you blow into the machine
- Certain medical conditions, including diabetes and acid reflux
- Alcohol residue in the mouth
- Radio waves
- Incorrect calibration of the Intoxilyzer machine
Even without these factors in play, Intoxilyzer machines have a +/-.005 margin of error. That margin of error is wide enough to result in a false positive. In addition to the many things that could affect test results, there are certain procedures that must be followed. Before administering an Intoxilyzer test, Utah police officers must check your mouth to make sure it’s free from alcohol and other debris, and then actively watch you for 15 minutes.
If police officers fail to check your mouth, leave your presence, or fail to take into consideration any other factors mentioned above, you may have an issue to help your case.
Blood tests are considered more accurate and reliable by a court. However, blood tests are only administered if someone is unable or unwilling to take a breath test, and there are even more stringent procedures to be followed.
After blood is drawn, it must be sealed into a vial, labeled, and sent to a lab to be tested. Blood tests can take several weeks or even months to be processed.
If police do not follow the correct procedures for drawing blood, marking the blood, transporting and storing the blood, or testing the blood, the results of the test may be inadmissible in court.
Many individuals wonder if they are able to refuse a breath or blood test. According to the Utah code, your license can be immediately suspended upon refusal to take the test. If you refuse a second time, that suspension can increase to three years.
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