Manton, CA DUI Law Firms & Lawyers

Maybe, People get charged for DUI in parked cars all the time. However, there is an actual physical control issue in everyone of these cases. Utah's DUI statute states, A person may not operate or be in actual physical control of a vehicle within the state if the person. has sufficient alcohol in the person?s body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control In Utah there are several nonexclusive factors for assessing whether a person is in actual physical control of a vehicle. the Richfield factors They are. Whether the person was asleep or awake in the vehicle, when the peace officer discovered them; Where the vehicle is positioned. Whether the vehicle's motor is running; Whether the person was in the driver?s seat of the vehicle, Whether the person was the sole occupant of the vehicle, Whether the person possessed the ignition key; The person?s apparent ability to start and move the vehicle. How the vehicle got to where it was discovered; and Whether the person drove the vehicle to the place it was discovered. Utah Courts evaluate these factors under the totality of the circumstances.

You can refuse a breath test as many times as you want. The problem is IF you do not request an ALS hearing or get convicted, your license will be suspended for a longer period of time.

Yes you absolutely can refuse the breath test. However, there are consequences to refusing it and consequences to failing it. The key is to know whether or not you will pass or fail it. You should never take any test that you cannot pass.