Picture this: you are driving along U.S. Route 89 just outside of Salt Lake City or heading to Cedar City along I-15, when you notice flashing lights in your rearview mirror. You are pulled over, and the police approach your vehicle with a K9 unit. For many individuals, this is a terrifying experience, and you may be asking yourself, “What happens if you refuse a drug test after a K-9 alert in Utah?” At Blackley & Wingad, we have the answers.
With decades of trial experience, our skilled Salt Lake City drug possession lawyers at Blackley & Wingad work hard to protect your rights. Being pulled over and having a K9 unit alert police to the alleged presence of drugs in your vehicle is frightening, and it is essential that you understand your rights in these moments and what results your actions can have.
Drug Sniffing Dogs and Probable Cause for Drug Tests in Utah
While drug crimes have decreased by 3% across the nation since 2023 and Utah ranked last in the country for drug use, in 2024 alone, 674 people died as a result of drug overdoses in the state. In a traffic stop, it is completely legal for police officers to use drug-sniffing dogs to sniff around the exterior perimeter of your vehicle, so long as this action does not exceed the typical duration of your traffic stop.
For example, if the police have legally pulled you over because you were speeding, then they can only detain you for as long as it takes to run your license and registration and issue a traffic ticket. While this is happening, they can also use a K9 unit to sniff the outside of your vehicle. If they can continue to use the K9 unit after checking your license and registration and issuing you a ticket, the use of the drug-sniffing dog is no longer legal.
Drug sniffing dogs can alert police to the presence of illegal drugs or controlled substances inside your vehicle during a traffic stop. When they do, this gives the police the probable cause necessary to search your vehicle and request a drug test.
Utah’s Approach to Implied Consent
In Utah, when you get behind the wheel of a vehicle, it is implied that you are willing to submit to any kind of chemical test of blood, breath, or urine, in order to determine your body’s alcohol or drug consent if you are legally asked to do so by a police officer.
When a drug sniffing dog alerts police to the alleged presence of drugs inside your vehicle, this allows the police the probable cause needed to search your vehicle and request that you take a test. If the officer states that you refused to take the test, you can face administrative suspension “on-the-spot” or possible court-ordered suspension if you are later convicted. In these situations, having a dedicated drug crime defense lawyer on your side is essential.
Challenging Alerts, Searches, and Results of Drug Sniffing Dogs
In cases of traffic stops, police officers do not need to get warrants to search your vehicle or perform a drug test, but can rely on the alert of a drug-sniffing dog to achieve probable cause. However, this does not mean that the results of these searches will hold up in a courtroom. In certain cases, your attorney may be able to prove that the sniffing was illegal because the traffic stop was prolonged in order for the canine unit to be used without probable cause.
Your attorney may also be able to prove that protocol for correctly handling a K9 unit was not followed and that any evidence resulting from this search should be thrown out. Drug sniffing dogs are also not infallible, meaning they can make mistakes and false detections. If your traffic stop involves a dog who has a history of making false alerts or does not have the necessary training and qualification, this can be used to seek a case dismissal.
FAQs
What Constitutes Drug Possession in Utah?
In Utah, drug possession is the most common of all drug charges in the state. It can refer to the possession of certain drugs and controlled substances for personal use, and depending on the amount of drug allegedly in your possession and the type, the crime can be charged as either a misdemeanor or a felony. Even a small amount of a certain drug can lead to jail time, fines, and probation.
What Are the Legal Risks of Refusing a Drug Test?
There are many legal risks you can face if you refuse to take a drug test following an alert made by a drug-sniffing dog. First, you could face the immediate suspension of your license. The refusal of the drug test can also be used as evidence of guilt later on in your case, and the judge assigned to your case may see the refusal as an aggravating factor, incurring more severe penalties.
Why Might Someone Choose to Refuse a Drug Test?
There are many reasons why someone might refuse to submit to a drug test in Utah following probable cause at a traffic stop. They may be afraid of incriminating themselves, have doubts regarding the accuracy of the test, or be following the poor advice of family or unreliable online resources. The truth of the matter is that refusing often makes things much worse.
Can I Refuse the Presence of a Drug Sniffing Dog?
In Utah, no, you typically cannot refuse the presence of a drug-sniffing dog in a legal traffic stop. However, this is only the case if the K9 unit is used for the same duration of your traffic stop. If, after the police have concluded the actions of your stop and then bring a K9 unit to the scene, this is unlawful and you can refuse the search.
Hire a Drug Crime Lawyer
When you are pulled over during a traffic stop, and the exterior of your car is searched by a drug-sniffing dog, if that dog alerts the police to the presence of drugs, you will likely be ordered to submit a chemical test. Following this test, it is essential to hire a drug crime lawyer, and Blackley & Wingad, Attorneys at Law, PLLC, can protect you. Call our offices today to learn more and schedule a consultation.
