Exigent circumstances: emergency situations or conditions which the law recognizes as excusing compliance with some procedural requirement, or recognition of another’s property or other interests. -Black’s Law Dictionary In April of 2013 …

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 …

In Utah, it is unlawful for a person under 21 years of age to consume alcohol. Because of this, a person under 21years of age who is arrested for driving under the influence (DUI) is subject to additional criminal charges and driver license suspensi …

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 …

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 …

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 …

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 …

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 …