Laker v. Caras
Laker v. Caras, 2023 UT App 125 (Harris, J.)
Defendant was arrested on suspicion of drunk driving. After an administrative hearing, the Driver License Division determined that he had refused the officer’s request to submit to a chemical test and revoked his license for 18 months. The district court held a trial de novo and reached the same conclusion. The defendant appealed, challenging the court’s finding that he refused a chemical test. The Utah Court of Appeals affirmed, holding:
- The district court did not err in determining that the defendant refused the officer’s request for a chemical test. The district court’s finding was supported by substantial evidence.
- The defendant had not borne his appellate burden of demonstrating a violation of his constitutional due process rights.
- Practice tip: Motorists must provide an immediate response after receiving a refusal admonition. The court discourages officers from complicating the situation and using statements inconsistent with the law.