What Is The Implied Consent Suspension And Admin Per Se?
The Implied Consent Suspension In Utah
Implied Consent is when the state of Utah issues someone a driver’s license and they sign for the license. They are giving their consent, when requested by an officer, to submit to a chemical test, a blood, breath or urine test. Implied Consent is a condition of having a driver’s license.
If an officer requests the person submit to a chemical test and that chemical test results in 0.08 or higher alcohol concentration or some kind of illegal controlled substance in their system, then their license can be suspended independent of the court.
That means that the driver’s license division can suspend their license without even having gone to court, appeared in front of a judge or even having been convicted of any kind of crime. It’s just a hearing at the driver’s license division. It gives the driver’s license division the authority to suspend your license if an officer believes that you’re in violation of the DUI laws.
What Happens If Someone Is Incapacitated Or Simply Can’t Give A Breath Sample?
If someone’s incapacitated, since they have already given their consent, if they were driving and stopped for questioning, the officer will place them under arrest. Most of the times, someone’s incapacitated, it’s usually because of an accident and they’re at the hospital but the officer places them under arrest, he can then go ahead and do a blood draw.
The draw has to be by a nurse or a doctor or someone certified by the state of Utah to draw blood, so that’s what will happen typically if someone is incapacitated. They will go ahead and get a sample of whatever they think they need, whether it’s urine or blood, and then that sample will be analyzed and it’ll be presented at the driver’s license hearing to see if the driver’s license division is going to suspend or not.
So, even if you are incapacitated, you have not withdrawn your consent to submit to a chemical test.
Admin Per Se In Utah
That’s the authority of the Driver’s License Division. After someone is issued a DUI citation, they have to appear and basically fight for their license at the driver’s license division.
For a lot of these people, it is their first time offense. Most people are familiar with the court and appearing before the judge and dealing with the prosecutor but then their attorney will have to explain that this is the other side of it. This is fighting at the Driver’s License Division.
The Driver’s License Division is going to try and take the driver’s license from a first offense starting at 120 days up to 3 years depending on the prior history of the driver. So it’s a short hearing at the Driver’s License Division and there are administrative hearing officers, who are employees of the Driver’s License Division, and they conduct the hearing.
They have the arresting officer call in or appear at the hearing and then the driver has to appear or can have an attorney appear on their behalf and evidence will be presented. The attorney will get an opportunity to cross-examine the officer and make argument as to why the license should be returned to the driver. That is called Administrative Per Se.
Based on that hearing, the hearing officer or the Driver’s License Division will be able to suspend the license independent of any court action.
Read about the Implied Consent Suspension And Admin Per Se In Utah, or call the law office of Attorney Matthew Nebeker for a free initial consultation at (801) 477-5009 and get the information and legal answers you’re seeking.