DUI Refusal to Test - Utah DUI Defense Lawyers
Many people who are stopped by the police do not know their legal rights. They do not know whether they can refuse to take a portable breath test (PBT), refuse to submit to a roadside field sobriety test, or refuse a breathalyzer test after they are arrested.
If you are stopped by a police officer, it is important to know your rights:
- You do not have to take a PBT test.
- You do not have to submit to a field sobriety test.
- You do have the right to remain silent.
However, once you are arrested for DUI, things change. Once arrested, a person who refuses to take the breathalyzer test faces the possibility of severe consequences.
Refusal to take a test is not a crime in and of itself, but the state can still proceed with the DUI charges and a refusal to test after an arrest can result in a driver's license suspension. In Utah, the state can suspend your driver's license for 18 months for a first refusal to test and 24 months for a second refusal.
Call 801-475-8800 to Contact the DUI Defense Pros
If you are facing DUI charges or you need an attorney to protect your rights at a driver's license suspension hearing, the DUI defense pros at the law offices of Kristopher K. Greenwood, LC can help.
Since 1999, our criminal defense team has been aggressively defending the rights of clients throughout Utah. We have extensive experience in DUI cases and have a history of proven results. In fact, most of our clients charged with DUI — 80 percent or more — are never sentenced to so much as a single day in jail.
How Do We Handle DUI Refusal to Test Cases
There are two aspects of your case. First, you have probably been charged with a DUI (driving under the influence). Second, your driver's license is in jeopardy. We can handle all criminal charges and defend your rights at the license suspension hearing as well.
The Prosecution's Burden of Proof
The state may have a very difficult time proving the DUI charges against you because they have no physical evidence. Since you didn't take the test, their options are limited.
In Utah, the state only has two ways of obtaining a DUI conviction. They have to show that you were either above the .08 blood alcohol content (BAC) limit, or they have to show that you were incapable of safely operating a motor vehicle. Since you did not take the breath test, the state will have to prove that you were incapable of driving safely, something which can be difficult to prove.
Our attorneys have extensive experience in DUI cases and are not afraid to take a case to trial if necessary to protect a client's rights. If we feel the prosecution is not able to meet their burden of proof, we will not hesitate to take a case to trial and seek a full acquittal on our client's behalf.
Contact Us
If you need an attorney who will aggressively defend your license, record and freedom, contact the law offices of Kristopher K. Greenwood, LC in Ogden, Utah.
