Utah DUI Legal

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The DUI Detection Process

The driving under the influence (DUI) detection process begins when a police officer suspects that a DUI violation is occurring and ends when the police officer decides that there is probable cause to arrest the driver for a DUI violation. Typically …
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Preliminary Hearing in Utah DUI Cases

In Utah, a person charged with either a class A misdemeanor DUI or a felony DUI is entitled to a preliminary hearing before a magistrate. At the preliminary hearing the State of Utah must present sufficient evidence to establish that a DUI has been …
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Pleading to Impaired Driving in Utah

In Utah, impaired driving is a class B misdemeanor punishable by up to six months in jail[1] and a fine of up to $1000.00.[2] For many reasons that we will discuss below, impaired driving pleas are offered as a lesser, reduced charge (compared to …
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The Cops Didn’t Read Me My Rights

Usually, when a person states, “I was not read my rights!” they are referring to their Miranda Warnings/Rights. Miranda Warnings protect people from being compelled in any criminal case to be a witness against themselves.[1] The Miranda …
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Informant’s Tip to Stop a Vehicle

In Utah, an informant can provide the information that the peace officer relies on to establish the necessary reasonable suspicion to justify a stop of a vehicle. The Fourth Amendment to the United States Constitution protects citizens from unlawful …
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Consent Exception to a Warrantless Blood Draw

In Utah, a peace officer, without a warrant[1], may acquire a blood sample[2] from a defendant, if the defendant consents[3] to the blood draw.  However, the State of Utah bears the burden of establishing, by a preponderance of the evidence[4 …
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Warrantless Blood Draws

In Utah, a peace officer may draw a person’s blood without a warrant if the state can show by a totality of the circumstances that both probable cause and exigent circumstances justified the warrantless blood draw. Probable Cause exists wh …
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