Yesterday, Midvale charged my client with a nonexistent crime. It formally charged my client with “refusing to submit to a chemical test.” The problem is, that’s not a crime.
In Utah, if you refuse a chemical test (breathalyzer, blood, or urine test—NOT Field Sobriety Tests, you can refuse those) the Driver’s License Division can suspend your license. Yet there’s no criminal penalty; no fine, no jail time. Don’t believe me? Check it out yourself by reading the law.
Amazingly enough, that doesn’t prevent the government from charging you with a crime. And unfortunately, my client had to spend money by retaining me to defend against a nonexistent crime.
