What Is Implied Consent?
Under Utah Code § 53-3-202(1), any person who operates a vehicle in Utah is deemed to have given implied consent to chemical testing of their breath, blood, or urine. This consent is implied by the act of driving — you agreed to it the moment you got behind the wheel, whether you knew it or not.
The Refusal Penalty — Often Worse Than Failing
Here's the counterintuitive part: refusing a breath or blood test triggers a longer automatic license suspension than failing one.
- Failed test, first offense: 120-day DLD suspension
- Refused test, first offense: 18-month DLD suspension
- Failed test, second+ offense: 2-year DLD suspension
- Refused test, second+ offense: 36-month DLD suspension
Additionally, the refusal itself is admissible in court as evidence of consciousness of guilt. Prosecutors will argue you refused because you knew you were over the limit.
The Warrant for Compelled Blood Draw
After Missouri v. McNeely (2013), law enforcement generally must obtain a warrant before a compelled blood draw. In Utah, officers can obtain telephonic search warrants quickly. Many people who refuse end up having blood drawn anyway — with both the refusal and the blood result used against them.
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