Refusing a field sobriety test or breathalyzer can have serious implications for a DUI case, and being aware of your rights as a driver is critical to protecting yourself on Utah roads. Utah has some of the strictest drinking laws in the country, underscoring the importance of knowing what you can and cannot do after being pulled over by law enforcement.
At Conyers & Nix, we use our vast knowledge of the law and extensive experience in skillfully handling DUI cases to guide every case to a successful outcome. To learn more about the consequences of refusing a breathalyzer in Utah, consider connecting with us today.
What Is the Difference Between a Field Sobriety Test and a Breathalyzer Test?
When a law enforcement officer pulls over a suspected drunk driver, they may administer a range of tests to determine the sobriety of the driver. Two of the most common tests used to assess sobriety are the field sobriety test and the breathalyzer. At first glance, it may seem like there is not much difference between the two—both are used as a first step to determine whether a person is legally able to operate a motor vehicle. However, several key differences between these tests can drastically impact your legal defense moving forward.
What Is a Field Sobriety Test?
The standardized field sobriety test involves a series of physical tests that a law enforcement officer will ask you to complete upon being pulled over for suspicion of driving under the influence. These tests are specifically designed to assess a person’s balance, coordination, and multitasking ability. Three of the most common exercises included in a field sobriety test include:
- Horizontal gaze nystagmus test: This test involves moving an object in front of a person’s eyes to determine whether they can smoothly follow the object. Here, the officer is looking for jerky eye movements, which are a reliable indicator of drunkenness 77% of the time.
- Walk-and-turn test: The officer will ask the driver to perform a series of heel-to-toe steps on a straight line, turn on the line, and then walk back. This test is used to gauge the driver’s ability to complete a simple task and follow verbal instructions.
- One-leg stand test: The driver will be asked to stand on one leg for a period of time, or alternate legs one by one. This test aims to see whether the driver can follow instructions, count aloud, and balance.
Can You Refuse a Field Sobriety Test?
Yes, YOU CAN AND SHOULD refuse field sobriety tests. Unlike refusing a post-arrest breathalyzer test, there are no penalties for refusing a field sobriety test. In Utah, you have no legal obligation to complete a field sobriety test and you cannot lose your license for a refusal to take this test.
Should You Refuse a Field Sobriety Test?
Yes. Agreeing to take a field sobriety test is a risk. If you take the test and fail, the consequences can be significant. While there are strict procedures that must be followed by law enforcement when administering field sobriety tests, the test relies entirely on subjective standards. The results of your field sobriety test are left to the interpretation of the police officer, which can be flawed. Ultimately, refusing a field sobriety test is a decision you must make for yourself, but it is important to understand the potential negative implications of taking this type of test.
What Is a Breathalyzer Test?
A breathalyzer is a tool used to test a person’s blood alcohol concentration (BAC), which is a measurement of alcohol in the bloodstream. In other states the legal BAC is 0.08%, but Utah imposes a stricter limit on drivers. In Utah, the legal BAC is 0.05%. If a driver’s blood is made up of more than 0.05% alcohol, they may be charged with a DUI.
Newer breathalyzer models rely on fuel cell technology. When you blow into the device, platinum electrodes react with alcohol in the air, creating electrons that move through a wire and create an electric current. The more alcohol in the air, the stronger the electric current, which translates into a BAC reading.
Can You Refuse a Breathalyzer Test?
According to Utah Code § 41-6a-520, all drivers give implied consent to chemical tests for alcohol when they choose to operate a motor vehicle. In other words, you cannot refuse a breathalyzer test because you already consented to it. In Utah, refusing to take a breathalyzer is an independent crime that comes into effect after you have been arrested. There are a range of penalties associated with refusing this test, including license suspension, probation, and required installation of an Ignition Interlock Device.
Should You Refuse a Breathalyzer Test?
No, because refusing will suspend your driver’s license for 18 months. If you consent to the breathalyzer test, then the possible suspension period is 120 days.
What Should You Do If You Have Refused Sobriety Testing and Have Been Arrested for a DUI?
If you refused sobriety testing and have been arrested for a DUI, it is important to seek guidance from an experienced DUI defense lawyer as soon as possible. The penalties for a DUI conviction are severe, and refusing a breathalyzer can result in even harsher punishments, including jail time, license suspension, and steep fines. Fortunately, there are several defenses available to drivers charged with a DUI in Utah. If there were issues in your DUI arrest, we will find and use this information to fight back against your charges.
How Can a Salt Lake City DUI Defense Lawyer Help You?
If you have been arrested for a DUI and refusing a breathalyzer, having an experienced defense lawyer in your corner can make all the difference. At Conyers & Nix, we will work zealously to protect your rights and seek a positive outcome in your case.
Our knowledgeable DUI defense lawyers will ensure that you are aware of your options and understand your rights, leveraging the most effective legal defense based on the unique circumstances of your case. To discuss your next steps with our team, consider scheduling a free consultation today.
