The Effects of Refusing to Take a Breathalyzer Test - Liberty Law

Unfortunately, the majority of people who are stopped by the police have no clue as to their legal rights. They have no idea whether or not they can refuse to take a portable breath test (PBT), refuse to take a roadside field sobriety test, or refuse to submit to a breathalyzer test after they have been arrested. You should know that in the state ofUtah, you do not have to take a PBT or a field sobriety test, and as always, you have the right to remain silent.

However, once you have been officially arrested for DUI, certain things change with regard to your ability to refuse a breathalyzer test. If you have been arrested for DUI and refuse to take a breathalyzer test, you will likely face very harsh consequences. A knowledgeable Salt Lake City DUI attorney can further advise you based on the specifics of your case.

Refusing to take the test is not a crime per se, but the state can choose to go forward with the DUI charges and your refusal to test after an arrest can result in your driver’s license being suspended. Moreover, you should know that recent legislation has increased the amount of time for DUI driver’s license suspensions for certain DUI offenses. If you have been accused of refusing to take a breathalyzer or chemical test, your license could potentially be suspended for a longer amount of time than if you had been actually convicted of drunk driving.

Specifically, your license could be suspended for a period of 36 months if you refused a breathalyzer test and have a prior DUI conviction. Further, if you are under the age of 21 and you refused to submit to a test, your license could be suspended for 18 months or until you turn 21, whichever is longer. If you need a Salt Lake City DUI attorney, please call James Lee for a free consultation.