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Salt Lake City DUI Refusal Defense Attorney

Home > Drunk Driving > DUI Refusal > Continued

Attorney Representation in Salt Lake City, Utah for over 30 years

Utah subscribes to the concept of “implied consent”. This legal theory holds that once you acquire a license to exercise the “privilege” of using Utah public highways with an automobile that you voluntarily waive your 5th Amendment right against self-incrimination. The upshot of this tenuous idea is that if you happen to be arrested for DUI, you are then required to consent to a quantitative test of your blood, urine, saliva, or breath to determine the level of alcohol content.

Utah’s DUI laws are among the most stringent in the US. The arresting office has it within his power to, in fact, order all four of the above tests and you will be denied the right to consult with an attorney before you take these tests. You may even be arrested if you are not driving the car if a reasonable argument can be made that you were in a position to cause the vehicle to move. You may refuse to take these chemical tests, but such a decision is not without severe consequences. These consequences are codified in Utah Code Annotated 41-6a-521.

If you refuse, your license will immediately be confiscated by the arresting officer and you will be issued a “temporary” license that will enable you to drive for period of 29 days. This grace period will afford you the opportunity to have a hearing to challenge your suspension. If you fail to arrange for this hearing, or fail to attend it, or fail to make your case in this hearing your license will be suspended for a period of 18 month.  It is highly recommended that you consult our Utah DUI attorney team at The Law Office of Paul Grant to assist you in making the proper arguments for this hearing and have the proper representation to insure the best possible outcome. Second and third refusals within a 10 year period will result in a 3 year suspension.

As a rule of thumb it generally will not help you to refuse a chemical test. Doing so will not guarantee that you will not be convicted of DUI. And a first offense DUI conviction is quite severe including fines, jail time, community service, drug assessment, and electronic monitoring. In order to insure the best possible results in your DUI case, it is important to hire an experienced and aggressive attorney who focuses on DUI cases and who can recognize and leverage your most viable defense into effective motions. At The Law Office of Paul Grant we protect the rights of clients accused of DUI in Salt Lake City, Provo, Orem, Park City and surrounding communities in Utah.  Call us today at 801-447-277. You initial consultation is free of charge.