Refusing a Breath or Blood Test in Utah: Implied Consent, the 18-Month Revocation, and Your Options
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah's implied consent law, anyone who operates a motor vehicle in Utah consents to a chemical test or tests of breath, blood, urine or oral fluids to determine whether they were driving over the legal limit, under the influence, or with a measurable controlled substance (Utah Code § 41-6a-520(1)). The officer, not you, decides which tests and how many; if the officer asks for more than one test, refusing even one is a refusal (§ 41-6a-520(1)(c)–(d)). If you refuse after arrest, the officer must warn you that refusal may result in criminal prosecution, license revocation, a five- or 10-year ban on driving with any measurable alcohol, and a two-year ban on driving without an ignition interlock. You then have 10 calendar days to request a revocation hearing in writing; otherwise your license is revoked starting on the 60th day after arrest — 18 months if you're 21 or older (36 months with a qualifying prior within 10 years) (§ 41-6a-521).
Who this guide is for
Utah drivers who were asked to take a breath, blood or urine test at a stop, and those who refused one.
What the officer must do
Under § 41-6a-520(2), a peace officer requesting a test must warn an arrested person about the consequences of refusing. If, after the warning, the person doesn't immediately agree to a test, the officer must, on behalf of the Driver License Division (DLD) and within 24 hours of arrest, give notice of the DLD's intention to revoke the license, along with basic information on how to get a hearing. The officer must submit a signed report to the DLD within 10 calendar days.
What you can and can't choose
- You can't pick the test. An officer determines which tests are given and how many; the individual "may not select the test or tests to be administered" (§ 41-6a-520(1)(d)).
- The officer's inability to arrange a specific test isn't a defense to taking a requested test or to a refusal.
- You may request test results if tested (§ 41-6a-520(3)).
- Field sobriety tests and portable roadside breath screening devices raise different issues. Ask your lawyer about what you were asked to do.
The revocation
If you don't request a hearing in writing within 10 days, your privilege to drive is revoked beginning on the 60th day after arrest (§ 41-6a-521(1)):
| Age | First | With a qualifying prior within 10 years |
|---|---|---|
| 21 or older | 18 months | 36 months |
| Under 21 | Until 21 or two years, whichever is longer | Until 21 or 36 months, whichever is longer |
A "qualifying prior" includes a license sanction under certain DUI-related sections or a conviction under § 41-6a-502 or specified homicide-by-vehicle offenses within 10 years before the arrest.
The hearing
If you request a hearing, the DLD must give you an opportunity to be heard within 45 days after arrest, in the county where the offense occurred or an adjacent county. It covers whether the officer had reasonable grounds to believe you were driving in violation of the DUI laws and whether you refused (§ 41-6a-521(2)–(3)). The DLD may subpoena witnesses and officers.
Criminal consequences
Refusal can be used in the criminal case, may support additional penalties and affects sentencing. It also can bring other restrictions listed in the warning, such as the ban on driving with measurable alcohol and an ignition interlock requirement. Driving while revoked is a crime. See Driving on a Suspended License in Utah.
Should you take the test?
That's a decision with consequences either way, and nothing here is a recommendation. A test result of .05 or higher can result in a 120-day suspension and conviction penalties; a refusal results in a longer revocation and warnings of prosecution. A lawyer can explain the tradeoffs. If you've already refused or taken the test, the key step now is the 10-day hearing request.
What to do next
- Request the DLD hearing within 10 days (in writing for a refusal).
- Preserve information: the officer's warnings, body-cam footage, and any video of the stop (a lawyer can request it).
- Get legal help. See How to Find Free or Low-Cost Legal Help in Utah and Public Defender Eligibility in Utah.
- Understand the rest of the case. See Utah DUI Penalties, What Happens to Your Utah License After a DUI Arrest and The Utah DUI Process.
Frequently asked questions
Can I refuse a breathalyzer in Utah?
You can decline, but implied consent law attaches penalties, including license revocation.
Can I choose a blood test instead of a breath test?
No. The officer decides which tests are administered.
How long is the revocation for refusing?
18 months if you're 21 or older (36 months with a qualifying prior within 10 years), unless the hearing results in a different outcome.
How long do I have to ask for a hearing?
Ten calendar days after the officer gives notice, in writing.