Breathalyzer Refusal

A common question when people are pulled over for driving under the influence (DUI) is whether they can refuse to take the Breathalyzer test. It is important to understand your options and whom to call in the event you are arrested.

Since 1999, the DUI defense attorneys at Kristopher K. Greenwood & Associates have been providing aggressive representation to individuals charged with DUI and Breathalyzer refusal in Ogden and throughout the Salt Lake City area. To speak with an attorney, call 801-317-8968.

Do I Have To Take The Sobriety Test?

In Utah if you are suspected of DUI, law enforcement will administer a field sobriety test followed by a Portable Breath Test to determine whether alcohol is present. While you can refuse to take both of these tests, you are required by law to take the Breathalyzer test, which may only be given once you have been arrested. The Breathalyzer test will be administered with either an Intoxilyzer 5000 or Intoxilyzer 8000.

Implications For Breathalyzer Refusal

If you refuse to take the Intoxilyzer breath test, you may face the following consequences:

  • Automatic license revocation — Refusing to take the Intoxilyzer breath test will automatically extend the revocation period from 120 days to 18 months. The revocation is often difficult to challenge at a driver's license hearing. Even with these mandatory penalties, there are still many things our lawyers may be able to do to help.
  • Implied consent — Utah is an implied consent state. This means that all drivers who use public roadways in Utah automatically agree to submit to a breath, blood or urine test. If you refuse, police officers will obtain a warrant to take a sample. Our lawyers will scrutinize every aspect of the process, including the warrant itself to determine if it was valid and correct. We also look at whether the proper admonition was given after test refusal.
  • Ignition interlock devices — If you refuse to take a breath test, you will be required to install an ignition interlock device on your vehicle in order to drive. The ignition interlock device prevents the car from starting if you have any alcohol on your breath. The device is expensive with a large installation fee as well as a monthly maintenance fee that may cost as much as $100 a month. You are typically required to keep the ignition interlock device on your car for three years.

What if you change your mind? Generally, you will be allowed to change your mind and submit to Breathalyzer testing after an initial breath test refusal.

Facing Refusal To Test Charges? Contact Kristopher K. Greenwood & Associates.

Whether you refuse to take the Breathalyzer test or change your mind and decide to take it, it is important to hire experienced legal counsel right away. Contact the attorneys at Kristopher K. Greenwood & Associates at 801-317-8968 or complete our online case form.