Utah Code

Utah Code § 41-6a-524 (2026)

Refusal as evidence

✓ laws through the 2026 General Session (checked Sept. 2026)
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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:

under the influence of:
alcohol;
any drug; or
a combination of alcohol and any drug;
having any measurable controlled substance or metabolite of a controlled substance in the person's body; or
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.

Amended by Chapter 181, 2017 General Session

Notes of Decisions
Cited in 1 case, 2009–2009 · leading case: State v. Van Dyke, 2009 UT App 369, 223 P.3d 465.
State v. Van Dyke, 2009 UT App 369, 223 P.3d 465. “§ 41-6a-524 (2005), as well as certain other administrative consequences, see id.”
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