Should I Take a Chemical Test

Glen W. Neeley

Written by  Pro

DUI / DWI Attorney - Ogden, UT

Contributor Level 12

Posted about 4 years ago. Applies to Utah, 1 helpful vote



First, Recognize you cannot talk your way out of a DUI.

I don't care what a smooth talker you are. Very few people every get released from a police officer when an DUI investigation begins. If the officer smells alcohol, you are most likely going to jail.


Second, Be Polite, but do not take any Field Sobriety Tests.

Field tests are designed to make you fail and to give the officer something to criticize in front of a jury. I have never heard an officer identify voluntarily the things you did right on those tests. You do not have to do the tests. Simply say, "I'm sorry officer, I'm not going to do your tests, and I would like an attorney present before I talk with you."


Third, should I take a breath test or a chemical test?

If you do not take a chemical test voluntarily, chances are that the officer will email a judge and get a warrant to seize your blood. Then you have a refusal and they will have the evidence against you. That choice is yours. But recognize that the consequences are more severe if you refuse to take a chemical test.

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