QUESTION: I refused the breathalyzer machine (or blood draw) in Utah. What will happen to my driver’s license? 
ANSWER: On a first offense your Utah driving privileges will be suspended for 18 months. If it is a second offense within 10 years your license will be suspended 36 months.
A police office is supposed to read the following warning from the DUI citation:
“If you refuse the test or fail to follow my instructions, I must warn you that your driving privilege may be revoked for 18 months if age 21 or older, or for 2 years, or until age 21 if you are under the age of 21; or 36 months, or until age 21 if it is a second or subsequent license withdrawal for an alcohol or drug related driving offense, with no provision for limited driving. You may be subject to criminal prosecution. In addition, you will be prohibited from driving with any measurable or detectable amount of alcohol in your body for a period of five or ten years, depending on your prior driving history, and you will be prohibited from driving a vehicle without an ignition interlock device installed for a period of three years. I will make the test results available to you, if you take the test.”
Utah Implied Consent Law. When you sign up for a Utah driver’s license you are presumed to have given implied consented to alcohol testing upon request of a law enforcement officer who has probable cause.
Out-of-State Driver’s License. Nearly all states cooperate and will suspend your home state license if Utah suspends your driving privilege. Utah will abstract the matter to your home state where a reciprocal suspension of your driver’s license will occur.
Preliminary/Portable Breath Test. A “PBT,” or preliminary, portable breath test is NOT the same as a breathalyzer back at the station house. A PBT is not a blood draw or chemical test. A PBT can be refused, is not admissible in court and the refusal will not suspend your Utah driving privileges. Refusing a breathalyzer or chemical blood draw will suspend your driver’s license.
Challenging a Refusal. DLD Hearing. You have 10 days to challenge a refusal and try to keep your license. You must request a Utah Driver’s License Division DUI hearing request within 10 days of your arrest or you will automatically lose your license.
Judicial Review of Adverse DLD Decision. If you lose the DLD hearing and your license is suspended for 18 or 36 months, you can appeal that to the district court. This called judicial review. The district court will review all factual determinations of the DLD hearing officer for substantial evidence. Substantial
Evidence is a very low standard on appeal.
The recent Utah Court of Appeals case of CHRISTOPHER LAKER v. CHRISTOPHER CARAS, DIRECTOR OF THE DRIVER LICENSE DIVISION, DEPARTMENT OF PUBLIC SAFETY illustrates the burdens of proof and an appeal of a district court refusal case. See 2023 UT App 125.
Early Reinstatement of Refusals. Prior to 2023 you could never get license back early with an 18 month refusal suspension.
See this BLOG on early reinstatement of your license from a chemical test refusal :
CALL/TXT UTAH DUI ATTORNEY JAKE GUNTER (801) 373-6345. FREE CONSULTATION. LET HIS 20 YEARS’ EXPERIENCE WORK FOR YOU
