Implied Consent

When you operate a vehicle or a motorboat in the State of Utah, it is implied that you will submit to a chemical test of your breath, blood, urine, or oral fluids to determine the alcohol or drug content, if asked to do so by a peace officer. This is called the

IMPLIED CONSENT LAW.

Utah accepts the results of chemical tests to help determine whether an individual has been driving or in actual physical control of a vehicle or a motorboat while under the influence of alcohol, drugs, or both. If an officer arrests you for driving while in such a condition, you must submit to the chemical tests selected or designated by the officer.

If you refuse to do so, your license may be revoked for 18 months on the first offense and 36 months for second or subsequent offenses. If you are under the age of 21, the license will be revoked for either 18 months for a first offense, or 36 months for a second offense, or until you reach the age of 21, whichever is longer. If asked to take any chemical tests, you may not:

Choose which tests you will take,
Consult with an attorney or doctor before agreeing to take such tests.

Any time your license is suspended/revoked for an alcohol-related offense; you may apply for a new license after the suspension/revocation period by paying a $65 reinstatement fee and the regular license fee and by taking the required examinations.

An additional $170 administration fee may be required in some cases. If a driver does not do everything the court orders, the court will notify the Driver License Division, which will suspend the driver license until the driver has done all that the court ordered.

Impound of Vehicle

If a driver is arrested for DUI, the officer may have the vehicle or motorboat impounded. If a vehicle is impounded, the DMV will notify the owner of the vehicle and provide information of what must be done to get the vehicle out of impound. The impounded vehicle will not be released to the owner until all requirements have been met and all fees and charges paid. Fees the owner must pay include towing, storage charges, and administrative costs. If an impounded vehicle is not claimed within the allowed time, it shall be sold.

NOTE: If a driver is convicted in court for a violation of DUI, driving with a controlled substance in the body, or automobile homicide, and was previously convicted for felony DUI, a felony drug related driving violation, or automobile homicide for a violation that occurred after 5-1-09, and had their license suspended or revoked in connection with the violation, their impounded vehicle may be subject to criminal forfeiture, and may be sold.

DRIVING WHILE DENIED, SUSPENDED, OR REVOKED

If you drive while your license is denied, suspended, or revoked, you may be sentenced to jail for 90 days and be required to pay a fine. Also, the length of time your license was originally denied, suspended, or revoked will be increased by the amount of the original time period. For example, if your license was originally suspended for three (3) months, an additional three (3) months would be added to your suspension. If your original suspension or revocation is based upon an alcohol-related offense, the fine may be up to $1000, and you may be imprisoned for up to six (6) months.

ALTERED OR FICTITIOUS LICENSE

It is unlawful to display a license which you know has been canceled, suspended, or altered. It is also illegal to alter a driver license. Either of these actions could result in your licensed being suspended.

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