What Works: If a law enforcement officer pulls you over on suspicion of driving under the influence of alcohol (DUI), be cooperative—but also be aware of your legal rights. In Utah, there are three tests that can be used to determine DUI:

• Standard field sobriety tests (SFSTs) to measure physical responses such as balance, attention, and eye movements
• Portable breath test (PBT) that gives a general assessment of alcohol in the breath
• Blood alcohol content (BAC), measured by a breath test machine

SFST and PBT results are notoriously inaccurate and you have the right to refuse either. You are not obligated to explain the reasons for your refusal. In fact, the less you say, the better. However, make sure you remain polite and cooperative.

An officer who believes you are intoxicated, even without on-the-spot test results, can arrest you and ask you to come to the police station for a breath test. You do not have the right to refuse this request. The penalty for doing so could be an 18-month suspension of your drivers license.

SFST and PBT evidence is not admissible in court, so most DUI cases hinge on the BAC. In our attorneys’ experience, mistakes in obtaining or processing DUI evidence can cast doubt on the accuracy of a BAC reading.

What Works: When you get the bad end of a meeting with the police, take immediate notes about as many details as you can remember. Officers usually don’t remember the stuff that wins your case, just the stuff that hurts you.