Implied Consent Defense in Salt Lake City

Chemical tests that prove the presence of alcohol are key pieces of evidence in a DUI charge. Like in most states, obtain a license in Utah gives implied consent to officers who wish to administer a chemical test if they have probable cause to believe you are driving under the influence of drugs or alcohol. With that being said, you have the option to defend against automatic charges stemming from a refusal to be chemically tested after a DUI arrest.

If you have recently denied a chemical test during a DUI arrest, you should seek out a Salt Lake City DUI attorney. An experienced attorney will know how to build your defense over issues surrounding implied consent. Joseph Jardine and Peter Goodall have more than 15 years handling DUI cases and can provide sound counsel on how to proceed. The legal team at Jardine Law Offices P.C. is here to help.

HOW REFUSING A CHEMICAL TEST CAN EFFECT YOU

While you cannot be criminally charged for refusing a chemical test, you can face driving privilege consequences under Utah’s implied consent law. The implied consent law states that any person legal operating a vehicle in Utah has implied to the consent of a chemical test if an officer has probable cause to believe that said person is driving while intoxicated. Penalties for refusing to take a chemical test include a license suspension and multiple years’ no-alcohol licenses.

After refusing to take a chemical test, if it was not already done, an officer may attempt to administer a field sobriety test. Refusing to participate in a field sobriety test is not a criminal offense and there are no automatic penalties for refusing one. Because of your refusal to take a chemical test, you will be issued a 30-day license. This temporary license is meant to give you time to request a hearing and time for a said hearing to take place.

Requesting a hearing can present an attorney with the opportunity to fight the penalties of the implied consent law and attack evidence that will be used against you during your DUI case. Since chemical test results are vital pieces of evidence in most DUI arrests, it is vital that the police officer validates his probable cause to arrest you for a DUI. An experienced attorney will be prepared to attack any weaknesses in the probable cause for arrest.