When someone is stopped for DUI in Utah, they must typically submit to several types of tests, including breath and blood tests for alcohol levels. However, you have the right to request that your own blood test be independently conducted.
Utah is an “implied consent” state, so you have no choice but to submit to blood testing when ordered by police or else face steep penalties, like license suspension and potential jail time. When the police order a blood test, that is when you should request your own and speak to our attorneys. Unfortunately, you might not get to consult with us before your police blood test, but we can work with you afterward to arrange your independent test and develop other strategies to defend your case. With an independent blood test, we will have our own evidence to use against the prosecution. If the police’s test produced a false-positive result or the chain of custody was broken while processing the sample, your independent test could get your case dismissed.
For a free case review with our Utah DUI defense attorneys, contact Overson Law, PLLC, today at (801) 758-2287.
Can I Get an Independently Administered Blood Test if I Am Arrested for DUI in Utah?
When someone gets pulled over for driving under the influence of alcohol, drugs, or a combination of the two, they have no choice but to submit to chemical testing when properly demanded with a search warrant or an exception removing that requirement. Under Utah Code § 41-6a-520(1)(a), any person operating a vehicle in Utah has given implied consent to police blood and breath tests if suspected of DUI. If you refuse the blood test, your license will be suspended, and you will likely face criminal prosecution. Thus, you should not refuse a police blood test, but request that your own independent test be conducted as well when you agree to theirs.
According to § 41-6a-520(4)(a), you can, at your own expense, have a doctor or physician assistant of your own choosing administer a blood test in addition to the blood tests ordered by the police. However, there will be no impact on the police blood test if you cannot obtain your own, and the request cannot be used to delay or stop the police test. Further, your independent test can only be administered after the police administer theirs, as per § 41-6a-520(4)(c).
There are several good reasons for getting an independent blood test. First, our Utah DUI defense attorneys can use it to fight the prosecution’s test and false-positive results. Blood tests are also more accurate than breath tests, which is important since the penalties differ depending on your blood alcohol content (BAC). If we can use our independent blood test to show that the police blood test is unreliable evidence, we might convince the court to exclude it from your case.
Do I Have the Right to Speak to an Attorney or Physician Before Taking a DUI Blood Test in Utah?
While you have the right to an attorney during police interrogations, that right does not extend to the blood test. In fact, § 41-6a-520(5) specifically bars you from consulting a lawyer, doctor, or anyone else before taking the test. You can request it from the police, but they are not obligated to grant it. However, once they decide to question you about the DUI, you have the right to have our team at your side.
What Else Can You Do to Defend My DUI Case in Utah?
Although we cannot typically speak with you before taking your blood test, we can help you in several ways with your defense afterward. We can argue against including the blood test if rules were violated when transferring the test from one party to another. Our team can also file motions to suppress other evidence to get your case dismissed or negotiate a better deal for a plea. We will also determine if your constitutional rights were violated at any point.
Challenge the Chain of Custody
One method to challenge the blood test and other evidence in your case is to identify problems with the “chain of custody.” When an agency or person, like the prosecutor’s office or technicians, takes possession of a piece of evidence, they must follow specific procedures to ensure that the evidence is not tampered with or damaged. This typically involves filling out several forms confirming the transfer. If the chain of custody is broken, we can argue that the prosecution should be unable to use that evidence because it is unreliable.
File Motions to Suppress
We can also file motions to suppress evidence that was improperly gathered. For instance, § 77-23-213(3)(a) allows only certain medical professionals to take blood samples. If the police used someone unqualified to draw blood, the test should be suppressed.
You likely also had to submit to a field sobriety and breathalyzer test before getting your blood drawn. Police must administer field sobriety tests in a fair manner and give clear instructions. If the police were shining bright lights in your eyes during the test or made you do it during the rain, it could be grounds for suppressing the test results. Breathalyzers must also be regularly maintained and calibrated to ensure that they are taking accurate readings. Otherwise, the evidence should not be allowed in the prosecution.
Challenge the DUI Stop
Police must have a “reasonable suspicion” or “probable cause” to pull you over for DUI. However, law enforcement must be able to articulate the reasons for stopping you. For example, swerving between lanes would give police probable cause to stop you, while watching you leave a bar in your car might rise to the level of reasonable suspicion of DUI. If you were observing the traffic laws and the officers could only give a vague reason for stopping you, none of the evidence collected should be allowed in your case since the stop was illegal. If there is no evidence of your guilt, there is no case against you.
Contact Our Utah DUI Defense Lawyers Today for Help with Your Case
Call Overson Law, PLLC at (801) 758-2287 for a free case evaluation with our Utah DUI defense lawyers.
