The biggest piece of evidence used by the prosecution in a Utah driving under the influence (DUI) case is the breathalyzer or blood test reading. Unfortunately, these aren’t always 100% accurate. If you’re currently facing a drunk-driving offense in Salt Lake City, don’t base your decision to enter a plea on the results of your blood alcohol content (BAC) test. A trained DUI defense attorney can investigate your breath or blood reading when preparing a defense against your pending charges.
Challenging a Breathalyzer Test
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The breathalyzer test is designed to examine the deep lung air and evaluate alcohol compounds in order to calculate how much alcohol is in your bloodstream. However, sometimes the machines can be tricked by other factors. For example, dental work can trap alcohol in the mouth, which could be read as deep lung air by the breath test machine. Even common medical conditions, such as diabetes, hypoglycemia, and acid reflux could inflate your reading, resulting in a drunk-driving charge.
The officer is also supposed to follow proper guidelines when administering the breathalyzer test to ensure that the results are accurate. For example, before giving the test, the officer should observe you for a 15-minute period to ensure that you don’t consume anything or vomit. If he or she forgets the observation period, the test reading could be thrown out.
Blood Test Defenses
While a blood test may be more accurate than a breathalyzer, they are not without their problems. A blood test must be administered in a clinical or other sanitary setting by a certified professional. When storing the test, the right mix of chemicals must be used to ensure that the sample is well preserved. If the sample is not tested in a certain amount of time, it could deliver unreliable results.
Blood tests must also follow a specific chain of command. If an attorney reviews the paper trail to determine who handled the sample and any link in the chain is missing, this could be enough to have the blood test evidence thrown out of court.
Breath Test Refusal Utah
While you have a right to avoid incriminating yourself in a crime, Utah’s Implied Consent law says that you must take a breathalyzer or blood test if suspected of driving under the influence(DUI)—or suffer the consequences. In fact, the law states that—just by operating a vehicle on Utah roadways—you automatically give your consent to be tested for alcohol and/or drugs if asked by an officer. The penalty for a breath test refusal carries serious penalties that can have an impact on your day-to-day life, so it’s imperative that you contact a qualified defense attorney after being arrested for DUI in Salt Lake City.
Breath Test Refusal Penalties
A Utah DUI arrest will trigger two separate legal actions: administrative and criminal. The administrative penalty—imposed by the Department of Motor Vehicles (DMV)—is an automatic license suspension. This suspension will occur even before your case is heard by the criminal court. In order to appeal the loss of your driving privileges, you must be able to prove that the officer lacked probable cause to charge you with drunk driving as well as submit an administrative license hearing request within 10 days of your arrest.
The penalties for a breath test refusal are much more severe than if you had taken the test and failed. For a first breath test refusal, your license can be suspended for 18 months; however, someone who failed the breathalyzer would only get a 120-day license suspension. The suspension period for a second and three breathalyzer refusal is increased to three years (as compared to a two-year suspension for failing the test).
Unlike many other states, Utah does not allow individuals who lose their license for drunk driving to obtain a limited or work permit. This means you are truly unable to drive throughout the entire suspension period, or face additional penalties. If you don’t contest your pending license suspension before the deadline is up, you lose all chances for an appeal.
Contesting the Breath or Blood Test Utah
The biggest piece of evidence used by the prosecution in a Utah driving under the influence (DUI) case is the breathalyzer or blood test reading. Unfortunately, these aren’t always 100% accurate. If you’re currently facing a drunk-driving offense in Salt Lake City, don’t base your decision to enter a plea on the results of your blood alcohol content (BAC) test. A trained DUI defense attorney can investigate your breath or blood reading when preparing a defense against your pending charges.
Challenging a Breathalyzer Test
The breathalyzer test is designed to examine the deep lung air and evaluate alcohol compounds in order to calculate how much alcohol is in your bloodstream. However, sometimes the machines can be tricked by other factors. For example, dental work can trap alcohol in the mouth, which could be read as deep lung air by the breath test machine. Even common medical conditions, such as diabetes, hypoglycemia, and acid reflux could inflate your reading, resulting in a drunk-driving charge.
The officer is also supposed to follow proper guidelines when administering the breathalyzer test to ensure that the results are accurate. For example, before giving the test, the officer should observe you for a 15-minute period to ensure that you don’t consume anything or vomit. If he or she forgets the observation period, the test reading could be thrown out.
Blood Test Defenses
While a blood test may be more accurate than a breathalyzer, they are not without their problems. A blood test must be administered in a clinical or other sanitary setting by a certified professional. When storing the test, the right mix of chemicals must be used to ensure that the sample is well preserved. If the sample is not tested in a certain amount of time, it could deliver unreliable results.
Blood tests must also follow a specific chain of command. If an attorney reviews the paper trail to determine who handled the sample and any link in the chain is missing, this could be enough to have the blood test evidence thrown out of court.
Contact a DUI Lawyer to Prepare Your Defense
There are a number of potential defenses that could help you avoid a drunk-driving conviction. Our attorneys have undergone extensive training on the breathalyzer and blood tests, giving them the knowledge necessary to prepare your case.