Utah DUI Chemical Test Evidence: Blood, Breath and Urine

Persons arrested for a DUI offense in the state of Utah may be requested to submit to chemical testing of their blood, breath, urine and/or oral fluid for purposes of detecting the presence of drugs and/or alcohol.

Breath testing in Utah DUI Arrests

According to Utah DUI law, there are two types of breath tests that may be used in a DUI case - Portable Breath Tests (PBTs) and Evidentiary Breath Tests.

Portable Breath Tests are conducted on scene prior to a suspect's arrest. They are generally not as reliable as evidentiary breath tests and the results are typically not admissible in court. Instead, the PBT is used to help aide the officer in making his/her determination of whether there is enough probable cause to make an arrest.

Prior to the administration of an evidentiary breath test conducted at the police station, a DUI suspect must be observed for 20 minutes to ensure nothing is placed into his/her mouth that will interfere with the results. Two breath samples must be given. The results of the two samples must be within .020 of each other. The two samples will be averaged to compute a BAC result. Utah uses a breath test machine called the Intoxilyzer. There are two Intoxilyzer machines currently used - the Intoxilyzer 5000 and the newer Intoxilyzer 8000 model. Both machines are made by a company called CMI. The Intoxilyzer 5000 is a model that is 30 years old. The newer 8000 model as well as the 5000 are unreliable and often malfunction.

Blood testing in Utah DUI investigations

Blood draws may only be performed by a physician, registered/practical nurse, or other authorized person acting at the request of a peace officer. Blood tests are generally considered to be more reliable than breath or urine testing. Blood tests may detect levels of alcohol as well as drugs and drug metabolites. Failure to properly preserve and label the sample may affect the validity of the testing and the test result. Skilled DUI defense attorneys will challenge the admissibility of blood samples and raise issues regarding the collection and storage of the sample in attempts to suppress the result.

Urine testing in Utah drug related DUI cases

Urine testing is not as reliable as blood testing and is generally not used as commonly as breath and blood tests. Urine samples may be requested in cases where DUI drug impairment is suspected.

Independent chemical tests after a Utah DUI arrest

Persons who are tested by the police have a right to have a physician of the their choosing administer a chemical test in addition to the test or tests administered by the police. The cost of the additional test must be paid by the DUI suspect. There is no right to consult with an attorney or have an attorney, physician, or other person present as a condition for the taking of any test.