Q: I was arrested and charged with a DUI last weekend in Salt Lake City, but I swear I wasn’t drunk!  I only had one beer at a friend’s house, and then left early because I had to work early in the morning.  How could the officer even arrested me if I wasn’t drunk?

In Utah, there are two ways that a police officer can arrest you for a DUI.

The first is if a person has a blood alcohol concentration of .08 grams or greater at the time of a breathalyzer test or at the time the person was operating the vehicle.  If you consent to a breathalyzer test by a police officer and the results show a .08 grams or greater, then the police officer can arrest you.

The second way you can be arrested for DUI is if the officer thinks you are “under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders [you] incapable of safely operating a vehicle.”  See how ambiguous this is?  This is probably what happened in your case.  If an officer smells the slightest odor of alcohol on you, he will want to do field sobriety tests and a breathalyzer.

Remember, you don’t have to consent to any field sobriety tests and shouldn’t consent to them.  The police officer will tell you that you’ve already consented to the breathalyzer when you applied for a driver license—that is correct information.  If you refuse the breathalyzer, your license could automatically be revoked for a year or more.

Remember, no matter how many drinks it takes to get a DUI, it only takes one cab ride home not to get a DUI.  That’s the best way to protect yourself.

(Source: Utah Code 41-6a-502)