41-6a-520 - Implied consent to chemical tests for alcohol or drug -- Number of tests -- Refusal -- Warning, report.
41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of tests-- Refusal -- Warning, report.
(1) (a) A person operating a motor vehicle in this state is considered to have given theperson's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids forthe purpose of determining whether the person was operating or in actual physical control of amotor vehicle while:
(i) having a blood or breath alcohol content statutorily prohibited under Section41-6a-502, 41-6a-530, 53-3-231, or 53-3-232;
(ii) under the influence of alcohol, any drug, or combination of alcohol and any drugunder Section 41-6a-502; or
(iii) having any measurable controlled substance or metabolite of a controlled substancein the person's body in violation of Section 41-6a-517.
(b) A test or tests authorized under this Subsection (1) must be administered at thedirection of a peace officer having grounds to believe that person to have been operating or inactual physical control of a motor vehicle while in violation of any provision under Subsections(1)(a)(i) through (iii).
(c) (i) The peace officer determines which of the tests are administered and how many ofthem are administered.
(ii) If a peace officer requests more than one test, refusal by a person to take one or morerequested tests, even though the person does submit to any other requested test or tests, is arefusal under this section.
(d) (i) A person who has been requested under this section to submit to a chemical test ortests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to beadministered.
(ii) The failure or inability of a peace officer to arrange for any specific chemical test isnot a defense to taking a test requested by a peace officer, and it is not a defense in any criminal,civil, or administrative proceeding resulting from a person's refusal to submit to the requestedtest or tests.
(2) (a) A peace officer requesting a test or tests shall warn a person that refusal to submitto the test or tests may result in revocation of the person's license to operate a motor vehicle, afive or ten-year prohibition of driving with any measurable or detectable amount of alcohol in theperson's body depending on the person's prior driving history, and a three-year prohibition ofdriving without an ignition interlock device if the person:
(i) has been placed under arrest;
(ii) has then been requested by a peace officer to submit to any one or more of thechemical tests under Subsection (1); and
(iii) refuses to submit to any chemical test requested.
(b) (i) Following the warning under Subsection (2)(a), if the person does not immediatelyrequest that the chemical test or tests as offered by a peace officer be administered, a peaceofficer shall, on behalf of the Driver License Division and within 24 hours of the arrest, givenotice of the Driver License Division's intention to revoke the person's privilege or license tooperate a motor vehicle.
(ii) When a peace officer gives the notice on behalf of the Driver License Division, thepeace officer shall:
(A) take the Utah license certificate or permit, if any, of the operator;
(B) issue a temporary license certificate effective for only 29 days from the date of arrest;and
(C) supply to the operator, in a manner specified by the Driver License Division, basicinformation regarding how to obtain a hearing before the Driver License Division.
(c) A citation issued by a peace officer may, if provided in a manner specified by theDriver License Division, also serve as the temporary license certificate.
(d) As a matter of procedure, the peace officer shall submit a signed report, within 10calendar days after the day on which notice is provided under Subsection (2)(b), that:
(i) the peace officer had grounds to believe the arrested person was in violation of anyprovision under Subsections (1)(a)(i) through (iii); and
(ii) the person had refused to submit to a chemical test or tests under Subsection (1).
(3) Upon the request of the person who was tested, the results of the test or tests shall bemade available to the person.
(4) (a) The person to be tested may, at the person's own expense, have a physician of theperson's own choice administer a chemical test in addition to the test or tests administered at thedirection of a peace officer.
(b) The failure or inability to obtain the additional test does not affect admissibility of theresults of the test or tests taken at the direction of a peace officer, or preclude or delay the test ortests to be taken at the direction of a peace officer.
(c) The additional test shall be subsequent to the test or tests administered at the directionof a peace officer.
(5) For the purpose of determining whether to submit to a chemical test or tests, theperson to be tested does not have the right to consult an attorney or have an attorney, physician,or other person present as a condition for the taking of any test.
Amended by Chapter 341, 2006 General Session