DUI Refusal to Test
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 breath test after they are arrested. We can help you learn more about your rights and provide you with a strong defense regardless of which test you refused and when.
During your traffic stop: When you have been stopped by a police officer who suspects you of drunk driving, you have the right to remain silent, and we advise that you use this right to only offer the information necessary and nothing further. You also have the right to refuse the PBT test and the field sobriety test.
After your arrest: If you are arrested for a DUI, refusing to take the Breathalyzer test at the station could result in severe consequences, including a driver’s license suspension lasting 18 to 24 months. Having adequate representation by a lawyer with experience handling these refusals is paramount to your defense. Call our firm at (801) 475-8800 to learn how we can help.
The Prosecution’s Burden Of Proof
Whether or not you refused the PBT test, field sobriety test or the Breathalyzer test, our firm is ready to defend you. If you have refused these tests, the state may have a very difficult time proving the DUI charges against you because it has no physical evidence. Since you didn’t take the test, its options are limited.
In Utah, the state only has two ways of obtaining a DUI conviction: It has to show either that you were above the .08 blood alcohol content (BAC) limit or 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 its burden of proof, we will not hesitate to take a case to trial and seek a full acquittal on our client’s behalf.
An Aggressive Criminal Defense Team
If you are facing DUI charges, you need a lawyer to protect your rights. We have extensive experience in DUI cases and 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. Reach out to us if you want an attorney who can aggressively defend your license, record and freedom.