Refusing the Breathalyzer

Breathalyzer Refusal in Utah: Consequences and Legal Options

Refusing a breathalyzer test in Utah carries serious consequences, including driver’s license suspension and potential criminal charges. If you’ve been arrested for a breathalyzer refusal, understanding the penalties and your legal options is essential to protecting your rights.

How Long Will My Driver’s License Be Suspended for Breathalyzer Refusal?

The length of your driver’s license suspension depends on your age and the number of prior offenses. Below are the specifics for a breathalyzer refusal in Utah:

• Over 21 Years Old:
  • First Offense: 18-month suspension.
  • Second or Subsequent Offense (within 10 years): 36-month suspension.
• Under 21 Years Old:
  • First Offense: Two years or until you turn 21, whichever is longer.
  • Second Offense: 36 months or until you turn 21, whichever is longer.

According to Utah Code Ann. 41-6a-521, these penalties are strictly enforced, making it crucial to address a breathalyzer refusal immediately.

How to Request a Driver’s License Division (DLD) Administrative Hearing

You have 10 days from the date of your arrest to request a hearing with the Driver’s License Division (DLD). If you fail to request the hearing within this time, your driver’s license will be automatically suspended for the applicable period.

Even if you face a suspension, the DLD hearing provides an opportunity to:

1. Challenge the evidence against you.
2. Gather information to strengthen your defense in a DUI trial or motions to suppress.

The hearing focuses on whether:

• The officer had reasonable grounds to believe you violated DUI laws.
• You refused to take the required test under Section 41-6a-520.

Appealing the Results of a DLD Hearing

If you lose the DLD hearing, you can appeal the decision to the Utah District Court where the alleged offense occurred. An experienced attorney can guide you through this process and fight for your driving privileges.

Can I Refuse the Portable Breath Test (PBT)?

Yes, you can refuse the portable breath test (PBT), which officers often use roadside to build evidence for an arrest. PBT results are not admissible in court due to accuracy issues, making it a less reliable tool for prosecution.

What Happens If I Refuse the Breathalyzer Machine?

Refusing the Breathalyzer machine carries significant consequences:

1. License Suspension: 18 months for a first offense or 36 months for subsequent refusals within 10 years.
2. Criminal Charge: As of 2020, refusing the Breathalyzer is a Class B Misdemeanor in Utah, carrying the same penalties as a first-time DUI conviction.

You cannot refuse a blood draw if officers obtain a warrant. In such cases, law enforcement may restrain you to conduct the test.

Breathalyzer Refusal: Penalties for First-Time Offense

Refusing a Breathalyzer machine is treated similarly to a first-time DUI offense, including penalties like:

• Jail time.
• Fines.
• Mandatory education programs.
• License suspension.

Why Hire Attorney Jake Gunter for Breathalyzer Refusal Cases?

Attorney Jake Gunter has nearly 20 years of experience defending clients in Utah. Whether you’re facing a breathalyzer refusal or other DUI-related charges, Jake Gunter provides aggressive and strategic defense to protect your rights and driving privileges.

Contact Jake Gunter Today

If you’ve been charged with a breathalyzer refusal in Utah, act fast to protect your license and avoid harsh penalties. Call or text (801) 373-6345 for a free consultation with Attorney Jake Gunter. Let his extensive courtroom experience work for you.

Learn More About Criminal Defense Lawyer Jake Gunter

For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:

• Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
• How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
• What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.