Utah DUI Chemical Test Evidence Defense Attorney

Salt Lake City DUI Defense Lawyer

Utah DUI Case Law

Admissibility of Evidence

41-6a-515. Standards for chemical breath or oral fluids analysis – Evidence.

• (1) The commissioner of the department shall establish standards for the administration and interpretation of chemical analysis of a person’s breath or oral fluids, including standards of training.
• (2) In any action or proceeding in which it is material to prove that a person was operating or in actual physical control of a vehicle while under the influence of alcohol or any drug or operating with a blood or breath alcohol content statutorily prohibited, documents offered as memoranda or records of acts, conditions, or events to prove that the analysis was made and the instrument used was accurate, according to standards established in Subsection (1), are admissible if:
• (a) the judge finds that they were made in the regular course of the investigation at or about the time of the act, condition, or event; and
• (b) the source of information from which made and the method and circumstances of their preparation indicate their trustworthiness.
• (3) If the judge finds that the standards established under Subsection (1) and the conditions of Subsection (2) have been met, there is a presumption that the test results are valid and further foundation for introduction of the evidence is unnecessary.

41-6a-516. Admissibility of chemical test results in actions for driving under the influence – Weight of evidence.

• (1) (a) In any civil or criminal action or proceeding in which it is material to prove that a person was operating or in actual physical control of a vehicle while under the influence of alcohol or drugs or with a blood or breath alcohol content statutorily prohibited, the results of a chemical test or tests as authorized in Section 41-6a-520 are admissible as evidence.
• (b) (i) In a criminal proceeding, noncompliance with Section 41-6a-520 does not render the results of a chemical test inadmissible.
• (ii) Evidence of a defendant’s blood or breath alcohol content or drug content is admissible except when prohibited by Rules of Evidence or the constitution.
• (2) This section does not prevent a court from receiving otherwise admissible evidence as to a defendant’s blood or breath alcohol level or drug level at the time relevant to the alleged offense.

41-6a-524. Refusal as evidence.

If a person under arrest refuses to submit to a chemical test or tests or any additional test under Section 41-6a-520, evidence of any refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was operating or in actual physical control of a motor vehicle while:

• (1) under the influence of:
• (a) alcohol;
• (b) any drug; or
• (c) a combination of alcohol and any drug;
• (2) having any measurable controlled substance or metabolite of a controlled substance in the person’s body;
• (3) having any measurable or detectable amount of alcohol in the person’s body if the person is an alcohol restricted driver as defined under Section 41-6a-529; or
• (4) having any measurable or detectable amount of alcohol in the person’s body if the person has been issued a conditional license under Section 53-3-232.