Utah DUI Tests: Criminal Defense Attorney Tip of the Week

Getting pulled over is stressful; getting pulled over on suspicion of a DUI can make even the calmest driver feel like they’re auditioning for a reality show they had no desire to be on.

Knowing your rights and what officers can and cannot require of you can make a big difference in your case.

If a law enforcement officer pulls you over on suspicion of driving under the influence (DUI), remain polite and cooperative. But remember, it’s just as important to understand your legal rights.

In Utah, officers may use several different methods when investigating a suspected DUI:

• Standardized Field Sobriety Tests (SFSTs): These tests evaluate balance, coordination, attention, and eye movements.
• Portable Breath Tests (PBTs): These tests require handheld devices that provide a preliminary estimate of alcohol concentration.
• Evidentiary Breath Tests: These tests are administered on approved equipment to measure blood alcohol concentration (BAC).

You have the right to refuse both the field sobriety tests and the portable breath test. You are not required to explain why you are refusing, and generally speaking, the less you say, the better. Just be respectful and courteous.

Keep in mind that an officer who believes you are impaired may still place you under arrest even if you decline the roadside tests. If that happens, the officer may request that you submit to an evidentiary breath test. Under Utah’s implied consent laws, refusing this test can result in serious consequences, including an 18-month driver’s license suspension.

Performing the “Nine-Step Walk-and-Turn” test on your tiptoes, adding a few dramatic twirls, and singing selections from Wicked in your finest falsetto voice to prove you are under the influence of nothing stronger than show tunes.

Also not recommended:

• Arguing with the officer on the side of the road like you are delivering closing arguments.
• Trying to “explain everything” in great detail. The more you talk, the more you may unintentionally give the officer information that can be used against you.
• Guessing how much you had to drink, when you drank it, or whether you are “probably fine.” (Roadside math is not your friend.)
• Taking field sobriety tests just to “prove” you are sober. These tests can be difficult even for sober people, especially when nerves, weather, shoes, medical conditions, or uneven pavement are involved.
• Being rude, sarcastic, combative, or physically uncooperative. You can assert your rights without turning the traffic stop into an uneven power struggle.
• Refusing the official evidentiary breath test after arrest without understanding the consequences. In Utah, refusing that test can create serious issues.

In other words, don’t perform, don’t argue, don’t overshare, and don’t try to win the case on the shoulder of the road. Stay calm, be polite, and know when to stop talking.

The best approach during a DUI investigation is simple: stay calm, stay polite, and know your rights. A respectful attitude can help the situation remain smooth, while understanding Utah’s DUI laws can help you avoid making decisions that may have long-term consequences.

If you’ve been arrested for DUI, speaking with an experienced defense attorney as soon as possible can help you evaluate your options and protect your rights. Reach out to Intermountain Legal today!