You've been placed under arrest. The handcuffs are on. What happens now — from the moment of arrest through booking and release — has legal implications that extend well beyond tonight. This article walks through the arrest and booking process for a Utah DUI so you understand what is happening and what matters for your defense.
The Arrest
A DUI arrest in Utah is made when an officer develops probable cause to believe you are operating or in actual physical control of a vehicle while impaired or above the legal limit. Under Utah Code § 41-6a-502, the legal limit is 0.05 blood alcohol concentration — the lowest in the nation. Impairment below that threshold can still support an arrest if the officer has other evidence that your ability to drive is affected.
At the moment of arrest, invoke your right to an attorney clearly and then stop talking. "I am invoking my right to an attorney" is sufficient. Do not explain, justify, or provide additional information. Anything you say from this point forward is being recorded and can be used against you.
Transport and Booking
You will be transported to a law enforcement facility — typically a county jail or a police station — for booking. The booking process involves recording your personal information, photographing you, taking fingerprints, and logging your property. This is administrative and largely unavoidable. Comply with the booking process.
During booking, you may be asked questions that feel routine. They are not routine. Name and identifying information are required. Questions about the events leading to your arrest are not. Repeat your invocation of your right to counsel if questioned.
The Chemical Test: Implied Consent
After arrest, you will be asked to submit to a chemical test — breath, blood, or urine — to measure the presence and concentration of alcohol or controlled substances in your system. This is not the same as the roadside preliminary breath test. This is the evidentiary test, and it is governed by Utah's implied consent law.
Utah Code § 41-6a-520 provides that any person who drives in Utah is deemed to have consented to a chemical test upon lawful arrest for DUI. The officer will read you an implied consent advisory explaining the consequences of refusing.
What Happens If You Refuse the Chemical Test
Refusing the post-arrest chemical test triggers an automatic 18-month license suspension for a first offense under Utah's implied consent law — longer than the suspension that follows a DUI conviction on a first offense. The refusal can also be admitted as evidence at trial and used to argue consciousness of guilt.
In some circumstances, officers can obtain a search warrant for a blood draw if you refuse, meaning refusal does not necessarily prevent a BAC result from being obtained. Consult with an attorney about the specific circumstances of your case before drawing broad conclusions about the consequences of refusal.
Breath vs. Blood Testing
The most common post-arrest test in Utah is a breath test administered on an approved evidentiary breath testing instrument — not the handheld device used at the roadside. These instruments are subject to certification and calibration requirements. Defects in calibration records, maintenance logs, or the officer's training on the instrument are legitimate areas of challenge in a DUI defense.
Blood testing is more common when drug impairment is suspected (since breathalyzers measure alcohol only) or when the driver refuses the breath test. Blood is drawn by a qualified person, typically at a hospital, and analyzed at a certified laboratory. Chain of custody, collection procedures, and lab analysis protocols are all challengeable.
The Metabolite Issue
Utah Code § 41-6a-517 creates a separate offense — sometimes called metabolite DUI — for operating a vehicle with any measurable controlled substance or metabolite in the body. This offense can be charged even if the driver shows no signs of impairment at the time of the stop. It applies to prescription medications as well as illegal drugs. The presence of a metabolite, not active impairment, is the trigger. This is a Class B misdemeanor for a first offense and carries no mandatory jail time under § 41-6a-517 as currently written.
Release from Custody
After booking and the chemical test, you may be held until you are sober enough to be released, or you may be required to post bail or bond. Utah courts and law enforcement agencies have bail schedules for DUI offenses. A first-offense DUI is typically a Class B misdemeanor, and release may occur within hours on a citation or a modest bail amount. More serious DUI charges — a third offense, DUI with injury, or DUI involving a child passenger — carry higher bail and more restrictions.
If conditions of release are imposed, understand and comply with them exactly. Violations of release conditions are treated seriously and can result in immediate detention pending trial.
Your First Steps After Release
Two separate clocks are running from the date of your arrest. The criminal case will proceed through the court system on its own timeline. But you have only ten days from the date of arrest to request a Driver License Division hearing to challenge the administrative suspension of your license. Missing the ten-day deadline means losing your license automatically, regardless of what happens in your criminal case. These two proceedings are independent of each other.
Contact a DUI defense attorney immediately. Do not wait for court paperwork to arrive. Do not wait to see how serious the charge is. The evidence in a DUI case — the chemical test result, the body camera footage, the field sobriety test video — is most effectively challenged when an attorney gets involved early.
Just Released After a DUI Arrest in Utah?
The ten-day DLD deadline starts counting from the day of your arrest. Call now. Free consultation.
(801) 641-0883 Send a MessageThis article is for general informational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. Contact an attorney to discuss your specific situation.