dui

[mymommysprincess]

in utah got pulled over for dui. police officer asked me to blow in machine. he said it was my fith dui. i refused the breathalizer.can they still convict without the blood alcohol level.thanks.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

53-3-223. Chemical test for driving under the influence -- Temporary license -- Hearing and decision -- Suspension and fee -- Judicial review.

(1) (a) If a peace officer has reasonable grounds to believe that a person may be violating or has violated Section 41-6-44, prohibiting the operation of a vehicle with a certain blood or breath alcohol concentration and driving under the influence of any drug, alcohol, or combination of a drug and alcohol or while having any measurable controlled substance or metabolite of a controlled substance in the person's body in violation of Section 41-6-44.6, the peace officer may, in connection with arresting the person, request that the person submit to a chemical test or tests to be administered in compliance with the standards under Section 41-6-44.10.
(b) In this section, a reference to Section 41-6-44 includes any similar local ordinance adopted in compliance with Subsection 41-6-43(1).
(2) The peace officer shall advise a person prior to the person's submission to a chemical test that a test result indicating a violation of Section 41-6-44 or 41-6-44.6 shall, and the existence of a blood alcohol content sufficient to render the person incapable of safely driving a motor vehicle may, result in suspension or revocation of the person's license to drive a motor vehicle.
(3) If the person submits to a chemical test and the test results indicate a blood or breath alcohol content in violation of Section 41-6-44 or 41-6-44.6, or if the officer makes a determination, based on reasonable grounds, that the person is otherwise in violation of Section 41-6-44, the officer directing administration of the test or making the determination shall serve on the person, on behalf of the division, immediate notice of the division's intention to suspend the person's license to drive a motor vehicle.
(4) (a) When the officer serves immediate notice on behalf of the division he shall:
(i) take the Utah license certificate or permit, if any, of the driver;
(ii) issue a temporary license certificate effective for only 29 days; and
(iii) supply to the driver, on a form to be approved by the division, basic information regarding how to obtain a prompt hearing before the division.
(b) A citation issued by the officer may, if approved as to form by the division, serve also as the temporary license certificate.
(5) As a matter of procedure, the peace officer serving the notice shall send to the division within ten calendar days after the date of arrest and service of the notice:
(a) the person's license certificate;
(b) a copy of the citation issued for the offense;
(c) a signed report on a form approved by the division indicating the chemical test results, if any; and
(d) any other basis for the officer's determination that the person has violated Section 41-6-44 or 41-6-44.6.
(6) (a) Upon written request, the division shall grant to the person an opportunity to be heard within 29 days after the date of arrest. The request to be heard shall be made within ten calendar days of the date of the arrest.
(b) A hearing, if held, shall be before the division in the county in which the arrest occurred, unless the division and the person agree that the hearing may be held in some other county.
(c) The hearing shall be documented and shall cover the issues of:
(i) whether a peace officer had reasonable grounds to believe the person was driving a motor vehicle in violation of Section 41-6-44 or 41-6-44.6;
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.
(d) (i) In connection with a hearing the division or its authorized agent:
(A) may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers; or
(B) may issue subpoenas for the attendance of necessary peace officers.
(ii) The division shall pay witness fees and mileage from the Transportation Fund in accordance with the rates established in Section 21-5-4.
(e) The division may designate one or more employees to conduct the hearing.
(f) Any decision made after a hearing before any designated employee is as valid as if made by the division.
(g) After the hearing, the division shall order whether the person's license to drive a motor vehicle is suspended or not.
(h) If the person for whom the hearing is held fails to appear before the division as required in the notice, the division shall order whether the person's license to drive a motor vehicle is suspended or not.
(7) (a) A first suspension, whether ordered or not challenged under this Subsection (7), is for a period of 90 days, beginning on the 30th day after the date of the arrest.
(b) A second or subsequent suspension under this subsection is for a period of one year, beginning on the 30th day after the date of arrest.
(8) (a) The division shall assess against a person, in addition to any fee imposed under Subsection 53-3-205(14) for driving under the influence, a fee under Section 53-3-105 to cover administrative costs, which shall be paid before the person's driving privilege is reinstated. This fee shall be cancelled if the person obtains an unappealed division hearing or court decision that the suspension was not proper.
(b) A person whose license has been suspended by the division under this subsection may file a petition within 30 days after the suspension for a hearing on the matter which, if held, is governed by Section 53-3-224.

Amended by Chapter 334, 2000 General Session