Over 21 Years Old. 18 Months—First Offense
Over 21 Years Old. 36 Months—Second Plus Offense within 10 years
Refusing a breathalyzer in Utah has serious consequences to your driver’s license. On your first offense your license will be suspended for 18 months. Upon your second or third breathalyzer machine refusal within 10 years, your license will be suspended for 36 months. See Utah Code Ann. 41-6a-521. Revocation hearing for refusal — Appeal.
Under 21 Years Old – First Offense. Two years or until the person turns 21 years old. Whichever is longer.
Under 21 Years Old – Second Offense. 36 Months or until the person turns 21 years old. Whichever is longer.
You have 10 days from your arrest to request a hearing from the driver’s license division. Failure to request in the appropriate time automatically suspends your driver’s license for the applicable period. Whether 120 days for a first adult DUI, or 18 months for a first-time breathalyzer refusal.
You should always request the hearing and use the hearing as a means to defend your criminal charges. There is a lot of information you can gather at the DLD hearing that can later be used at the criminal DUI trial, or in motions to suppress.
Purpose of the Utah DLD Hearing.
The DLD hearing has a limited scope and for the following purposes:
(a) Whether a police officer had reasonable grounds to believe that a person was operating a motor vehicle in violation of Section 41-6a-502, 41-6a-517, 41-6a-530, or 53-3-231; and
(b) Whether the person refused to submit to the test or tests under Section 41-6a-520.
The hearing is not a complete DUI trial in front of a jury. It is sometimes done over the phone or in-person and is relatively short.
Appeal of the DLD Hearing Results.
You can appeal the DLD hearing to the Utah District Court where the alleged offense occurred.
You can refuse to take the portable breath test machine. This is the little blow-like stick the officers asks you to use while still on the side of the road. All the police officer is trying to do by asking you to blow on the PBT is to seal the deal for an arrest. PBTs are not admissible in court because of their accuracy and administration problems.
You can refuse a PBT and Breathalyzer Machine. You can’t refuse a blood draw when a warrant has been issued for it. They will restrain you and conduct the blood draw. You can refuse the PBT. You can refuse the Breathalyzer machine, but as discussed above, your license will be suspended for 18 months on the first refusal.
Just recently in 2020, it is now a Class B Misdemeanor to refuse the Breathalyzer machine and it has all the same penalties of a first-time DUI offense.
