If your vehicle has been stopped for any reason and the officer suspects impairment or intoxication, you will be asked to take a portable breathalyzer and field sobriety test at the scene of the stop.
The right to drive in all states including Utah is a privilege and all states have “implied consent laws.” These laws state that anyone driving a vehicle impliedly consents to chemical tests to determine the presence of alcohol or drugs. The implied consent laws do not apply to field testing, so you are within your rights to refuse to blow into the portable breathalyzer at the scene or perform the field sobriety test. The results of the portable breathalyzer are highly inaccurate and the results of the field sobriety test can be very subjective. These tests are used by law enforcement to create probable cause to make an arrest and compel you to submit to the more accurate blood, breath or urine tests while in custody.
Do not confuse the field tests before arrest with the chemical alcohol tests administered after arrest. You do not have the right to refuse the chemical tests after you have been arrested. Failure to perform the post arrest tests will result in your license being suspended for eighteen months even if the DUI charge is later dismissed. Furthermore, if you refuse the chemical tests, law enforcement may obtain a warrant from a local judge for a blood draw and forcibly take your blood.
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If your vehicle has been stopped for any reason and the officer suspects impairment or intoxication, you will be asked to take a portable breathalyzer and field sobriety test at the scene of the stop.
The right to drive in all states including Utah is a privilege and all states have “implied consent laws.” These laws state that anyone driving a vehicle impliedly consents to chemical tests to determine the presence of alcohol or drugs. The implied consent laws do not apply to field testing, so you are within your rights to refuse to blow into the portable breathalyzer at the scene or perform the field sobriety test. The results of the portable breathalyzer are highly inaccurate and the results of the field sobriety test can be very subjective. These tests are used by law enforcement to create probable cause to make an arrest and compel you to submit to the more accurate blood, breath or urine tests while in custody.
Do not confuse the field tests before arrest with the chemical alcohol tests administered after arrest. You do not have the right to refuse the chemical tests after you have been arrested. Failure to perform the post arrest tests will result in your license being suspended for eighteen months even if the DUI charge is later dismissed. Furthermore, if you refuse the chemical tests, law enforcement may obtain a warrant from a local judge for a blood draw and forcibly take your blood.