Chemical Test Refusal Defense


Sometimes a DUI charge can seem like a forgone conclusion; after all, chemical test results produce seemingly inarguably evidence. However, even with Utah’s strict DUI penalties, there are aspects and potential flaws regarding chemical tests that can be used to your advantage. Even if you refuse a chemical test, there are options for your defense besides accepting charges as automatic.

Whether you are a first time or repeat offender, you should contact a Salt Lake City DUI attorney to discuss your options. Joseph Jardine and Peter Goodall have years of experience to bring to the table and represent you through your DUI charges. They have experiencing approaching cases where the chemical test is in question or the chemical test was refused. Contact Jardine Law Offices P.C. for experienced consultation regarding your DUI charge.


There are many aspects of a chemical test that can be challenged. As far as breathalyzers are concerned, an experienced attorney can examine if the breathalyzer machine calibrated according to the standards set by the arresting police department. The certification of the arresting officer to administer the test and the accuracy of the testing procedure can also be reasons for a faulty chemical test.

Another aspect of a chemical test that can be challenged is the results of blood and urine tests. Elements such as the elapsed time before the test was administered, possible contamination, and conflicting test results can all point to errors in the chemical tests. If the illicit substance found was prescribed medication, your DUI can be challenged if the medication is on the appropriate level prescribed.

Even if you refused a chemical test, an experienced attorney can challenge to your benefit. For example, an officer may have failed to properly explain the results penalties associated with failing a chemical test. The manner in which you responded which gave the officer the impression that you were refusing a chemical test could also be challenged in court.

Other factors that could be used to challenge the results of a chemical test include the test being faulty as a result of misread alcohol levels in the mouth. This could result from things such as sprays, medications, tobacco, and even throwing up. An officer could have also failed to wait 15 minutes of observation required before an arrest can be made. Charges could also be challenged if the arresting officer was found to have insufficient cause for pulling you over.

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Chemical test results—blowing higher than the legal limit on a breathalyzer test, alcohol or a controlled substance being found in your bloodstream—should not be viewed as an indisputable piece of evidence. Technical and neglectful errors could have potentially occurred during the administration or collection of the test. After being arrested for a DUI, your next steps are critical. You should consult with a Salt Lake City DUI attorney at Jardine Law Offices before making a decision or speaking about the matter further on any official level. For a free case evaluation, contact us today.

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