QUESTION: What is a Chemical Test in Utah? Can I refuse it?

ANSWER: Utah Dui defines Chemical Testing as a blood draw or breathalyzer testing. You are required to take a chemical test when legally asked and refusal is a crime.

Implied Consent Laws. One controlling “Implied Consent” statute is Utah Code 41-6a-520. Utah is an “Implied Consent” state meaning that if a police officer has legal grounds to believe you are driving under the influence of drugs or alcohol, he can require you to take a chemical test. Blood draws requires a court order and Breathalyzer machines do not.

Refusing a chemical test is a crime under Utah Code 41-6a-520.1 (2023). Refusing a chemical test imposes very similar sanctions that DUIs impose. Refusing a chemical test is an enhanceable offense.

CALL/TXT UTAH DUI ATTORNEY JAKE GUNTER (801) 373-6345 FOR A FREE CONSULT

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