Do Constitutional Rights Protect Utah Drivers from Alcohol Blood Test Requirements?
The U.S. Constitution provides protection from illegal search and seizure. However, Utah implied consent laws essentially state that licensed drivers understand the legal right of police to conduct chemical tests when they arrest drivers on suspicion of driving under the influence (DUI). In other words, applying for a Utah license to drive automatically implies that you consent to such testing, as long as the officer has probable cause. Experienced Salt Lake City DUI defense attorneys can help alleged offenders obtain the best possible results for these cases, even when chemical testing evidence exists against them.
The Utah implied consent law does not even require you to be operating a motor vehicle. As explained in the Utah Driver Handbook, you only need to have actual physical control of a motor vehicle. Therefore, police can require you to take one or more chemical tests even if you are napping at the side of the road — as long as you have the keys. Of course, no one can force you to take the test, but a first refusal subjects adult drivers to automatic license revocation for two years. Second and subsequent refusals result in 36 months of license revocation.
Keep in mind that everyone retains Miranda rights immediately upon arrest for DUI. The most important step to take after police read these rights is to explicitly state that you want to remain silent, you want all questioning to stop and you want to call an attorney. An experienced Salt Lake City DUI defense lawyer can potentially secure the removal of evidence before trial for a number of reasons, such as flaws in the arrest procedure or errors in the administration of tests.
Even when the evidence supports the case against the defendant in a DUI case, the experienced defense lawyers at Larsen, Larsen, Nash & Larsen understand how to achieve the best possible results by refuting the evidence or citing mitigating circumstances to negotiate reduced charges. We offer free consultations to individuals throughout northern Utah. Contact us to learn how we can help.