Breath and Blood Tests for DUI in Utah

"I have fought over 3,500 DUI charges in every city in Utah." - Branson K. West

Get Advice Now

Learn About Your Breath and DUI Blood Test in Utah

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.

Branson West Law is an experienced DUI lawyer in Utah who has won thousands of cases throughout the state.

Recent Case Results


Leaving the scene of an accident
Case Dismissed!
Client was accused of leaving the scene of an accident in Riverton, case dismissed.
SLC DUI
Dismissed!
Client's 2nd offense. Argued suppression motion, case dismissed.
Davis County Assault
Dismissed
Client charged with assault in Davis County. Cased was dismissed.
West Jordan Burglary
Burglary Case Dismissed
Client accused of breaking into vehicle, stealing items, then fleeing the scene.
Draper DUI
Dismissed
Client charged with DUI. Case Dismissed.
Draper DUI
Reduced
DUI charge dropped to reckless
Provo DUI
DUI Dismissed
Client was stopped at DUI check point, failed FSTs, blew below the legal limit, but had other substances in his system.
Draper DUI
DUI Dismissed
Client found in car, passed out, alleged drugs in system.
Domestic Violence, Midvale
Case Dismissed
Domestic Violence case in Midvale, case DISMISSED.
Domestic Violence and Burglary, Salt Lake 3rd District
Case Dismissed
DV and Burglary case dismissed in Salt Lake 3rd District
DUI - South Jordan
Dismissed
Accused of DUI with prescription drugs with an accident in South Jordan, case dismissed.
Dog Attack, Salt Lake County
Case Dismissed
Dog attack case in Salt Lake County
Domestic Violence, Sandy
Case Dismissed
DV in Sandy, client accused of fighting with girlfriend, case dismissed.
Domestic Violence, Salt Lake County
Case Dismissed
DV in Salt Lake County, client accused of attacking her daughters boyfriend, case dismissed.
DUI, West Jordan
THC DUI Dismissed
Kira Eoff, West Jordan, THC DUI dismissed
DUI - West Jordan
Dismissed
DUI in West Jordan, pulled over for swerving, dismissed.
DUI - Provo
Dismissed
DUI dismissed in Provo, bad driving pattern, thought it was drugs, failed FSTs, and DRE exam.
DUI - Holladay
Jury Verdict of Not Guilty
DUI charge, client had actual physical control with a high BAC, verdict not guilty.
Theft - Layton, UT
Case Dismissed
Target employee charged with theft in Layton, case dismissed.
Murray, UT - DUI.
Case Dismissed!
Stopped for speeding, failed FSTs.
West Jordan, Ignition Interlock Violation
Case Dismissed!
Client accused of driving with an ignition interlock device.
Herriman, DUI
Case Dismissed!
Client accused of DUI, had a blood draw result of .08, got a second opinion that showed .075.
West Valley City, Domestic Violence Assault
Case Dismissed!
Client was accused of assaulting her husband.
Murray, UT - Possession of Drug Paraphernalia
Case Dismissed!
Cops found items in the car, claimed there was a drug deal.
Lehi, Child Abuse
Case Dismissed
Client was accused of hitting son.
West Jordan, Seven 2nd Degree Felony Counts of Check Fraud
Case Dismissed!
Client was accused of fraudulently writing checks on accounts that were closed.
Provo, UT - DUI
Case Dismissed!
Client drinks at party, comes back and falls asleep in car, fails FSTs, arrested for DUI.
Murray, UT - Retail Theft
Case Dismissed
Client was in Costco, put item in purse, security claimed she was stealing property.
SLC, UT - Domestic Violence Assualt
Case Dismissed
Client was in a fight with boyfriend, charged with Domestic Violence (DV).
Holladay, UT - DUI
Case Dismissed!
Ran from a DUI checkpoint. Failed FSTs.
Salt Lake City - Felony Child Non-Support
Case Dismissed
Client owed over $55,000 in child support arrears.
Theft - Provo Justice Court
Case Dismissed
Client was buying bikes off KSL and ended up with stolen bikes.
Theft - Taylorsville Justice Court
Case Dismissed
Client was accused of stealing supplies from a salon.
Aggravated Assault Charge - Salt Lake 3rd District Court
Case Dismissed
Client was accused of pulling a gun on his girlfriend and threatening to kill her.
Provo, UT - Theft
Case Dismissed!
Client was buying bikes off KSL and ended up with stolen bikes.
American Fork, UT - DUI
Case Dismissed
Client was stopped for a registration issue, failed the field sobriety tests and blew in the intoxilyzer twice.
Alcohol Restricted Driver and Driving on a Suspended License - Sandy Justice Court
Case Dismissed
Client was accused of driving on a restricted and suspended license.
DUI - Salt Lake County
Jury Verdict of NOT GUILTY
Client failed field sobriety tests, had a poor driving pattern, & refused breath test.
DUI - Clearfield, UT
Case DISMISSED!
Client was driving a big rig, and we were able to save his job.
Possession of Drugs - Utah County
Case DISMISSED!
Client was stopped and improperly searched.
Assaulting an officer, resisting arrest - Salt Lake City, UT
Jury verdict of NOT GUILTY!
Client was investigating friend being restrained by cops and cops attacked him.
DUI, Lehi
DUI dismissed
Client was charged wrongfully. Restored his license, got the charges dismissed!
DUI, Midvale
Jury verdict of NOT GUILTY!
Client blew a .80.
DUI, Midvale
Jury verdict of NOT GUILTY!
Client claimed he was not the driver, even though cops thought he was.
DUI, Draper
Jury verdict of NOT GUILTY!
Client was driving the wrong way on a one-way road, failed FSTs.
DUI, St. George
Jury verdict of NOT GUILTY!
Client was asleep in his car, with stereo on. Cops came and called it
Aggravated assault, Salt Lake 3rd District.
Jury verdict of NOT GUILTY!
Client was accused of pulling a knife on a man in a Wal-mart parking lot.
Retail Theft, Orem
Plea in Abeyance
Client had stolen items from a local retailer, had admitted everything to police and was able to keep her record clean.
Under age consumption, Davis 2nd District
Plea in Abeyance.
Clients were at a party when all were caught drinking. Were able to keep records clean.
DUI, Vernal
Case DISMISSED!
Client was stopped for license plate light being out and for having it improperly displayed. Had a BAC of .17.
Possession of Drugs, Salt Lake City
Case DISMISSED!
Client was at a pizza place, eating in the parking lot when cops arrived, suspicious of their activity.
Domestic Violence, Taylorsville
Plea in Abeyance
Client called the police when upset, didn't mean to get cops involved, but we were able to save his record.
Domestic Violence, Lehi
Plea in Abeyance to disorderly conduct as an infraction
Client was going through a divorce, his spouse would not allow him to see their child or leave. Cops blamed him.
Stalking, Park City
Plea in Abeyance
Charges reduced, and offered in abeyance, so client's record would stay clean. She was accused of stalking a member of the Mormon Tabernacle Choir, was a teacher, and was able to keep her record clean.
Aggravated Assault, Davis 2nd District
Charges reduced to disorderly conduct as an infraction, no jail time, minimal fine
Client was seen entering Wal-mart with a gun after making apparently threatening phone calls to his former manager.
Retail theft, Salt Lake
Plea in Abeyance.
Client was a college student, accidentally walked out of the store without paying for a cup of soup, but had paid for everything else. Was able to keep her record clean.
DUI, West Valley
Jury Verdict of NOT GUILTY!
Client was a former ski patroller and hopeful to get on with an ambulance crew. He was accused of driving off the road with prescription medication in his system. He suffered from strokes.
Traffic violation, Spanish Fork
Verdict of NOT GUILTY!
Client was a truck driver and had been in an accident. The judge found him not guilty as charged.
Theft of services, Salt Lake 3rd
Case DISMISSED!
Client was accused of stealing services from a shop. Were able to prove that her signature had been forged.
DUI, South Salt Lake
Jury verdict of NOT GUILTY!
Client was accused of driving with alcohol in her system on a second offense, then subsequently refusing the breath test.
DUI, Salt Lake Airport
Case DISMISSED!
Client was accused of driving through the airport while DUI, was arrested prior to field sobriety tests being administered.


The Cost of DUI in Utah

KUTV 2 News Interview with top Utah DUI and Criminal Defense attorney Branson K. West.

with Branson K. West

Free Consultation



"I LEARNED A LOT BY TALKING TO THIS ATTORNEY"

Brian Mullahy of KUTV

Breath Tests


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.

This liquor glass and set of car keys should not go together, but if you find yourself taking a DUI blood test in Utah, call Branson West Law!

Blood Tests

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.

Implied Consent for Breath or Blood Tests


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.

Cop cars with flashing lights like these are not usually a good sight behind your car - call Branson West Law today for help with your charges.

We've helped people all over Utah reduce, drop and clear DUI charges. Look what our customers have to say about us.


Branson West Law is a professional, compassionate, experienced DUI lawyer in Utah.

The Best DUI Lawyer

There are many laws related to driving under the influence, and a wide variety of penalties you could potentially face. With over 15 years of experience, Branson West Law has helped people all over Utah have DUI charges reduced, dropped or cleared. If you’re looking for a lawyer to help you understand DUI blood test Utah, and what it means for your case, look no further.

The Utah breath and blood testing process has many pitfalls. Branson West Law is an experienced criminal defense attorney in Utah who can point out how those problems may have lead to an inaccurate or unreliable breath test reading in your case.

Branson West Law knows Utah's judges and the prosecutors who handle DUI cases. Most importantly, he knows how to defend you against DUI charges successfully.

Contact Branson West Law today for a free consultation on your case with Utah’s most experience DUI lawyer.

Branson West Law is experienced with the following areas of driving under the influence cases: