The question being, should I take or refuse the breathalyzer test when pulled over for a DUI? When you're pulled over for a DUI in Utah, refusing a breathalyzer might seem a good idea at the time, it's what most people would do, but it can make things a lot worse. Utah has what's called an implied consent, which means that by driving, you've already agreed to take a chemical test if lawfully arrested. If the officer believes that there's enough proof to show that you're DUI, that they would then be able to get a warrant for your blood, and you'd be required to give your blood regardless of whether you consented or not consented to the breathalyzer. And so, that would add an additional charge to your already charged DUI. So, if you refuse, your driver's license can be suspended for 18 months, even if you've never been convicted or are convicted of a DUI. It's a totally separate offense in Utah. That said, every case is unique, so the best move is to stay polite, comply with lawful arrests, and contact an attorney as soon as possible. I'm Joseph Alamia with the DUI Guy, your Utah DUI defense team. Thank you.
