Driving under the influence of drugs or alcohol is a very common offense in Utah. For the prosecutor to be able to convict someone of DUI they must show that the person was in control of the vehicle and that they were under the influence of drugs or alcohol. To show that they had drugs or alcohol in their system law enforcement will submit alleged offenders to chemical testing in the form of a breath test or a blood test. However, law enforcement must follow certain procedures and establish the requisite probable cause before an alleged offender can be forced into taking a blood or breath test.
Preliminary Testing in Utah DUI Cases
The first testing that law enforcement will usually submit a suspected DUI driver to is field sobriety tests. Filed sobriety testing is not a chemical test at all but rather a series of balance and coordination tests to help law enforcement obtain the probable cause to arrest the individual. The three field sobriety tests that are most commonly used are the horizontal gaze nystagmus (HGN) test, the walk and turn test, and the one-legged stand test. Along with the field sobriety tests, law enforcement often will conduct a preliminary portable breath test. This breath test is less reliable and is almost never used as evidence in court but it does provide probable cause to arrest an individual, and then conduct a later breath test or blood test.
Ogden DUI Attorney | DUI Testing
If you get pulled over for DUI then after the preliminary testing you will likely be asked to submit to a second breath test, an evidentiary breath test. If you refuse to take that test then you could possibly have your license suspended for 18 months. Furthermore, law enforcement could get a warrant to force you to submit to a blood test and they could end up with the evidence either way. If you have been arrested and charged with a DUI and you think that law enforcement did not follow proper procedure with you or your rights were violated then call Ogden Criminal Defense today for help with your case.
