Refusal to Submit to a Breathalyzer: Implications in Utah
Being stopped on suspicion of DUI in Utah is a serious matter. Deciding whether or not to submit to a breathalyzer test can have significant implications. At Wasatch Defense Lawyers, we’re here to help navigate this complex situation with expert advice and representation.
Understanding Utah’s Breathalyzer Laws
Being aware of Utah’s breathalyzer laws, and what refusal to submit to a breathalyzer could mean, is crucial for any driver in the state.
Implied Consent Law
Under Utah’s Implied Consent Law, by virtue of operating a vehicle within the state, you have implicitly agreed to submit to a breathalyzer or other chemical test if asked to do so by a law enforcement officer.
We know what it takes to turn experience into results. Our attorneys understand how prosecutors think, how to challenge the evidence, and when to negotiate or take your case to trial. Every strategy is built around putting you in the strongest possible position.
But we don’t just know how to win—we have a track record that proves it. With more than 30 years of experience and thousands of clients represented, our results speak for themselves.
Proven Results. Relentless Defense.
A History of Successful Defenses
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Not Guilty State v. A - Not Guilty on Attempted Rape, Forcible Sex Abuse, Kidnapping, Assault
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Not Guilty State v. A - Not Guilty on Attempted Rape, Kidnapping & Assault
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Dismissed State v. F - Aggravated Sexual Assault, Aggravated Kidnapping Dismissed
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Dismissed State v. F - DV & Aggravated Assault Charges Dismissed
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Dismissed State v. F - Protective Order Violation Charges Dismissed
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Dismissed State v. F - Violation of Protective Order Dismissed
Refusing a Breathalyzer: What It Means
Refusing a breathalyzer test might seem like a good idea at the moment, but it carries significant consequences.
Consequences of Refusal
Under Utah law, refusal to submit to a breathalyzer can result in automatic license suspension, separate from any criminal DUI charges. The suspension period varies based on the number of previous refusals or DUI convictions.
Ignition Interlock Devices: Breathalyzer in Car Law
In certain circumstances, Utah law may require individuals convicted of DUI, or who have refused a breathalyzer test, to install an ignition interlock device in their vehicle.
The Role of the Interlock Device
These devices, essentially in-car breathalyzers, require the driver to provide a breath sample free of alcohol before the vehicle can be started.
Why Choose Wasatch Defense Lawyers
Hire at Team You Can Count On
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Largest Criminal Defense Team in the History of the State
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100+ Years of Combined Criminal Defense Experience
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Fewer than 1% of its clients have been sent to prison
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Over 650 Trials Handled
our winning strategy
4 Steps to a Positive Outcome
Every case is different. At Wasatch Defense Lawyers, we thoroughly investigate the facts, examine the evidence, and identify weaknesses in the prosecution’s case. Our attorneys evaluate every available option, from challenging improper procedures and suppressing evidence to negotiating reduced charges or preparing for trial. With decades of combined experience and hundreds of trials, we approach each case strategically and aggressively. Whether pursuing dismissal, reduced charges, or a favorable trial outcome, we build a defense focused on protecting your rights, freedom, and future.
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1Laying the GroundworkWe prepare before the fight begins. Decades of experience, deep legal knowledge, and strong relationships with prosecutors and judges give us the foundation to build a smarter, more targeted defense.
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2Discussing The DetailsEvery detail matters. We dig deep into your case, examining reports, records, evidence, and your side of the story to uncover the facts that can shape your defense.
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3Building Your CaseWe challenge what the prosecution thinks it knows. We scrutinize the evidence, investigate police procedures, expose weaknesses, and develop a defense strategy built specifically for your case.
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4Obtaining Positive ResultsWe pursue the outcome that puts you in the strongest position. Whether through aggressive negotiation or a meticulously prepared trial defense, we fight to reduce charges, protect your future, and achieve the best result possible.