Utah DUI Legal

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Community Caretaker Vehicle Stops

A community caretaker vehicle stop allows a peace officer to stop a vehicle based upon his concern for the driver’s safety. Usually, a peace officer is only justified in stopping vehicles when: (1) The peace officer observes the driver of …

Actual Physical Control

Utah’s DUI statute states, “A person may not operate or be in actual physical control of a vehicle within the state if the person: (a) has sufficient alcohol in the person’s body that a subsequent chemical test shows that the person …

DUI Roadblocks

The Utah and Federal Constitutions take the position that in the absence of reasonable suspicion, drivers have the right to be left alone. However, under both the Utah and Federal Constitutions administrative highway checkpoints are permitted as a n …

Unlawful Traffic Stops

In State v. Morris, the Utah Supreme Court ruled that if a peace officer stops a vehicle on an objectively reasonable but ultimately mistaken suspicion of a traffic violation, the peace officer may approach the driver to explain his mistake and to c …

Admissibility of Breath Test Results

The Utah Court of Appeals ruled that in order to ensure that breath test results are presumed valid, Utah Prosecutors must present evidence of the following: (1) the breath machine had been properly checked by a trained technician, and that the brea …