Implied Consent and Refusing a Blood or Breath Test in Utah

Under Utah’s “implied consent” laws, all drivers lawfully arrested (not just stopped) for a DUI are required to submit to a blood or breath test. A refusal will result in the following license suspensions periods:


1st Offense

2nd offense

3rd Offense

License Revocation

18 months

3 years

3 years


For purposes of determining what is a second or third refusal, prior DUI convictions, refusals, and failed BAC test (.08% or greater) within the past ten years are counted.

Plea Bargaining in Utah DUI Cases

The best-case scenario if you’re charged with a DUI in Utah is the prosecution ends up dismissing the charges against you. But unless the court throws out evidence that’s critical to prove the charge, the prosecution is unlikely to agree to a dismissal.

But in some cases, a reduction to an “impaired driving” charge is possible. An impaired driving charge is just an alcohol-related driving offense without the mandatory jail, fines, and license suspensions that come with a DUI conviction.


Know the law.  Know your rights.  Know the right attorney.

Kelly Cardon, Attorney at Law, DUI Specialist

(801) 627-1110 Ogden – (801) 328-1110 Salt Lake City

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