Board Certified DUI Defense
DUI Defense Attorney in Murray, Utah
A Murray DUI arrest sets two separate cases in motion at once. The criminal charge is filed in the Murray City Justice Court when it stays a misdemeanor, while a felony-level DUI moves to the Third District Court in Salt Lake County; at the same time, the Driver License Division opens its own administrative action against your license that the criminal court never touches. Glen Neeley handles DUI defense in Murray and throughout Salt Lake County, and he limits his practice to this one area of law. He is Board Certified in DUI Defense, has served on the faculty of the National College for DUI Defense, and has defended these cases since 1998.
Board Certified DUI Defense | Since 1998 | Serving Murray
Since 1998Board CertifiedNCDD Faculty
Who Needs a DUI Defense Attorney in Murray
Most Murray DUI stops happen where the traffic is: the I-15 and I-215 interchange on the city's west side, the State Street commercial strip, and the 5300 South corridor that runs past Intermountain Medical Center. A charge here is not a single problem but two parallel ones. The criminal case decides guilt and sentence; the Driver License Division case decides whether you keep driving. They run on different clocks and answer to different decision-makers, which is why treating a Murray DUI as one event is the first mistake many drivers make.
Utah sets the per se threshold at .05, the lowest in the country, so a driver who feels only mildly affected can still register over the line after leaving a restaurant near Murray Park or a work function off State Street. The number that controls your license, though, is a calendar one. You have ten calendar days from the arrest to request a hearing with the Driver License Division. Miss that window and the hearing right is gone; if no hearing is requested, the suspension takes effect on the 60th day after the arrest, whether or not the criminal case has been resolved.
Glen Neeley built his practice around this exact split. Since 1998 he has represented drivers across Salt Lake County and the wider Third District, and he takes DUI cases only, not a general criminal docket that treats DUI as a sideline. That focus matters when the evidence turns on breath-machine calibration, the reliability of field sobriety scoring, or whether the initial stop on I-215 was lawful. He is Board Certified in DUI Defense and teaches other lawyers through the National College for DUI Defense, so the science and procedure that decide these cases sit at the center of his work, not at the edge of it.
How Glen Neeley Builds a DUI Defense in Murray
Every Murray DUI defense starts with the stop. An officer needs a specific, articulable reason to pull a car over on I-15, I-215, State Street, or a residential street off 5300 South, and Glen reviews the dashcam, bodycam, and dispatch logs to test whether that reason holds up. A weaving allegation the video does not support, a stretched community-caretaking rationale, or a traffic pretext that unravels on review can suppress everything that followed the stop.
The roadside investigation gets the same scrutiny. Standardized field sobriety tests are sensitive to the conditions they are given in: an uneven shoulder along a busy stretch of State Street, poor lighting, a driver's age or weight, footwear, or an unrelated injury can all produce the clues an officer records as impairment. Glen measures how each test was administered against the standardized instructions, because a test given wrong is not reliable evidence of anything, no matter how confidently the report describes it.
At a .05 threshold the chemical result often decides the case, and small errors carry outsized weight. Glen examines the Intoxilyzer 9000 maintenance and calibration records, observation-period compliance, and, in blood cases, the draw, storage, and chain of custody that can move a borderline reading. He knows the prosecutors and the routines of the Murray City Justice Court, where misdemeanor DUIs are heard, as well as the Third District Court in Salt Lake County that handles felony-level charges. That local familiarity shapes how and when a case is challenged, negotiated, or taken to trial.
Murray DUI Penalties
A first Murray DUI, charged when a driver is at or above the .05 per se limit or otherwise unable to operate safely, is a class B misdemeanor. The sentence is either two days in jail or 48 hours of compensatory service, a fine of $700 plus the state surcharge, a 120-day license suspension, and an 18-month ignition interlock requirement. A breath or blood result of .16 or higher raises the jail exposure to five days, or two days paired with 30 days of home confinement, but it does not move the case to a higher offense class. A second DUI within ten years becomes a class A misdemeanor carrying ten days in jail or five days plus 30 days of home confinement, an $800 fine, and a two-year interlock. A third DUI within ten years is a third-degree felony punishable by zero to five years in prison, though the court may reduce that to 60 days in jail and a $1,500 fine.
| Offense | Jail (either / or) | Fine | License | Interlock |
|---|---|---|---|---|
| First DUI (.05-.159 BAC) | 2 days, or 48 hours compensatory service | $700 minimum plus surcharges | 120 days | 18 months |
| First Extreme DUI (.16+ BAC) | 5 days, or 2 days plus 30 days home confinement | $700 minimum plus surcharges | 120 days | 18 months |
| Second DUI (within 10 years) | 10 days, or 5 days plus 30 days home confinement | $800 minimum plus surcharges | 2 years | 2 years |
| Second Extreme DUI (within 10 years) | 20 days, or 10 days plus 60 days home confinement, or 10 days plus treatment | $800 minimum plus surcharges | 2 years | 2 years |
| Felony DUI (third-degree) | 0 to 5 years prison; 60-day jail minimum on probation | Up to $5,000; $1,500 minimum on probation | 2 years | 3 years |
| Felony Extreme DUI (third-degree) | 0 to 5 years prison; 120-day jail minimum on probation | Up to $5,000; $1,500 minimum on probation | 2 years | 3 years |
| DUI with injury | Varies - felony possible | Varies | Varies | Varies |
Extreme DUI means a blood or breath alcohol level of .16 or higher, alcohol at .05 or higher combined with a measurable controlled substance, or two or more non-prescribed controlled substances. It raises the mandatory jail minimum shown above but does not change the offense level.
The sentence handed down in court is only part of the cost. The license suspension runs on the Driver License Division track and can begin before the criminal case ends, the interlock requirement attaches to your driving privilege separately, and the conviction itself stays on your record long after any jail time is served. A commercial driver faces a one-year CDL disqualification from a first offense in any vehicle, and neither an interlock election nor a later expungement erases that. Because the criminal sentence, the administrative suspension, and the interlock period each run on their own schedule, they can overlap or stack in ways that are easy to miscount, which is why the sequencing of a DUI matters as much as any single penalty on the list.
DUI Defense in Murray and Salt Lake County
Murray sits at the center of the Salt Lake Valley, wrapped by two interstates and split north to south by State Street, so DUI enforcement here comes from several directions. The Murray City Police Department patrols the surface streets and the commercial corridors, the Salt Lake County Sheriff and the Utah Highway Patrol work the I-15 and I-215 lanes that cut through the city, and weekend and holiday saturation patrols are common near the restaurant and nightlife clusters. An arrest can come from any of these agencies, and each writes its reports and runs its stops a little differently.
Where the case is heard depends on how it is charged. A misdemeanor Murray DUI is prosecuted in the Murray City Justice Court, while a felony-level charge moves to the Third District Court in Salt Lake County. Drivers who live in neighboring Midvale, Holladay, or Taylorsville but are stopped inside Murray answer to Murray's court, not their home city's, which surprises people who assume the case follows their address. Glen represents drivers throughout this part of the valley and appears in the courts that actually hear Murray cases, so a client is not left guessing which venue their case belongs in or how that court tends to handle a DUI.
Ignition Interlock After a Murray DUI
An ignition interlock is a breath device wired to your car's ignition that requires a clean sample before the engine will start and periodic rolling samples as you drive. In Utah the length of the requirement does not depend on how high your BAC was. A first DUI carries 18 months, a prior within ten years or an under-21 case carries two years, a felony DUI or a qualifying refusal offense carries three years, and an automobile homicide carries four. There is no BAC branch that stretches an 18-month requirement into something longer, and there is no 36-month interlock for a standard DUI.
The device must be installed on every vehicle you drive, not just one, and electing interlock-restricted status is what puts you back on the road with full driving privileges rather than a narrow list of permitted hours or routes. That distinction matters: interlock-restricted status restores the ability to drive anywhere, at any time, for any purpose, as long as each vehicle you operate has a certified device installed. It is not a limited work permit, and it is not tied only to your commute.
The requirement can also grow. The Division adds 60 days each time the device logs a failed start showing alcohol or a missed monitoring appointment, and those additions stack on top of one another, so a run of lapses can extend the interlock well past its original term. Installation and monthly monitoring fees vary by provider and are paid by the driver, not the state. Ending the requirement early is not automatic; it takes a court order, and simply going a stretch without an incident does not shorten the clock on its own.
Expunging a Murray DUI
Clearing a Murray DUI from your record is possible for a misdemeanor, but the wait is long. Utah requires ten years to pass, measured from the conviction or your last release, before a misdemeanor DUI can be expunged, and all fines and restitution must be paid first. The DUI is also excluded from Utah's automatic Clean Slate process, so nothing happens on its own; you have to file a petition to start it.
The process runs through a certificate of eligibility from the Bureau of Criminal Identification, and that certificate is valid for 180 days, so the rest of the paperwork has to move within that window. At the hearing, a court weighs whether granting the expungement would be contrary to the public interest, and the standard is clear and convincing evidence. If a prosecutor or victim objects, that showing carries real weight in the judge's decision.
A felony DUI is a different story. A third-degree felony DUI is categorically ineligible for expungement under Utah law, no matter how much time passes; the only avenues are a reduction to a misdemeanor, a pardon from the Board of Pardons and Parole, or a vacatur. It is also worth knowing what expungement does and does not do. It seals the record rather than erasing it, and the DUI remains on your Driver License Division driving history, where a later court and the Division can still see it.
Drug and Prescription DUI in Murray
Utah does not have a separate drugged-driving law. A Murray DUI involving marijuana, prescription medication, or any other drug is charged under the same single DUI statute, 41-6a-502, that covers alcohol. Because there is no per se number for drugs the way there is a .05 for alcohol, the state cannot win simply by showing a substance was present. It has to prove the driver was actually incapable of safely operating the vehicle, which is a very different burden.
A related charge, the metabolite offense under 41-6a-517, reaches drivers with a measurable controlled substance or its metabolite in the body, and it does not require proof of impairment in the same way. A valid prescription is not automatic immunity from a drug DUI either; if the state alleges the medication left you unable to drive safely, having a prescription does not end the inquiry, though it can matter to how the case is framed. Lawful use and unsafe operation are treated as separate questions.
These cases usually lean on a Drug Recognition Expert evaluation and a blood toxicology panel. Both have soft spots. DRE conclusions rest on a structured but subjective protocol that can be challenged, and toxicology can detect substances long after any effect has worn off, especially with marijuana, which can linger in the blood for days. Glen focuses on the gap between presence and impairment, because a positive test on its own does not prove that a driver was actually affected behind the wheel.
Underage and Juvenile DUI in Murray
Drivers under 21 face two overlapping rules in Murray. The same .05 per se DUI law that applies to adults still applies to them, and on top of that Utah enforces a not-a-drop rule under 53-3-231. That standard reaches any measurable or detectable amount of alcohol, so there is no .02 cushion and no separate lower number a young driver has to hit; any alcohol at all can trigger it. A single drink before driving home from a friend's house near Murray Park can be enough.
A not-a-drop violation carries a license suspension of at least six months, and like the adult administrative suspension, it takes effect on the 60th day after the arrest unless a timely hearing is requested. If the case is a full DUI rather than a not-a-drop matter, the interlock requirement for an under-21 driver runs two years, not the 18 months an adult first offender faces. The stakes for a young driver's license are meaningful and easy to underestimate.
Where the case goes depends on age. A driver under 18 is handled in juvenile court, which has exclusive jurisdiction over a minor's DUI under Title 80, while an 18-to-20-year-old is charged as an adult but remains subject to the under-21 alcohol rules. One older worry can be set aside: a DUI conviction no longer costs a student federal financial aid, because the FAFSA dropped its drug-conviction question starting with the 2023-24 award year. Private or institutional conditions can still apply, but the federal aid penalty is gone.
Federal DUI Near Murray
A DUI does not always stay in state court. If the arrest happens on federal property, such as a federal enclave, a Veterans Affairs facility, a post office parcel, or Forest Service land in the mountains east of the Salt Lake Valley, the case is prosecuted in federal court instead of the Murray City Justice Court. This happens under the Assimilative Crimes Act, 18 U.S.C. 13, which borrows Utah's DUI law and applies it on federal land, with National Park Service areas governed by their own rule at 36 CFR 4.23.
These cases are usually heard by a federal magistrate judge as a petty offense, and the courtroom, the prosecutor, and the procedures are all different from a state DUI. The underlying Utah penalties still supply the substance of the charge, but the forum is federal, and defendants are often unfamiliar with how it works. Someone stopped while passing through federal land can be surprised to find their DUI in a federal courthouse rather than a city court.
The consequences reach further for many people than a state case would. A DUI prosecuted in federal court cannot be expunged under Utah law, because Utah's expungement statutes do not control a federal conviction. For anyone who holds a security clearance, works for a federal agency, or serves in the military, that permanence can matter more than the sentence itself. Glen understands how a federal DUI differs from a state charge and why the venue changes what is truly at stake.
Murray DUI Defense Questions
What should I do right after a DUI arrest in Murray?
Two clocks start the moment you are released. The most urgent is the ten-calendar-day deadline to request a hearing with the Driver License Division; if you let it pass, your license suspension proceeds automatically. Write down everything you remember about the stop, the roadside tests, and the breath or blood test while it is fresh, avoid discussing the case, and speak with a DUI lawyer before your first court date so the hearing request and the criminal defense move together rather than in isolation.
What are the penalties for a first DUI in Murray?
A first offense is a class B misdemeanor. It carries either two days in jail or 48 hours of compensatory service, a $700 fine plus surcharge, a 120-day license suspension, and an 18-month interlock requirement. A result of .16 or higher increases the minimum jail time without raising the offense level. Sentences vary with the facts, and several of these components run on separate license and interlock tracks rather than all being served at the same time.
Can a Murray DUI be reduced or dismissed?
Sometimes, depending on the evidence. If the stop lacked legal justification, the field sobriety tests were given improperly, or the breath or blood testing has calibration or procedure problems, those weaknesses can support suppression, a reduction to a lesser charge such as impaired driving, or dismissal. Utah does not allow a plea in abeyance on a DUI charge unless it is first reduced to a non-DUI offense, so the aim is often a charge reduction rather than a deferral. No outcome is guaranteed until the specific evidence is reviewed.
How does Utah's .05 limit affect my case?
Utah's .05 per se limit is the lowest in the nation, which means a driver can be over the legal threshold after fewer drinks than in most states. Because the margin between legal and illegal is so narrow, the accuracy of the breath or blood test carries even more weight. Small errors in machine calibration, the observation period, or blood handling can push a borderline result across the line, and those details are often where a .05-based case is won or lost.
Which court will hear my Murray DUI?
A misdemeanor Murray DUI is heard in the Murray City Justice Court. If the charge is a felony, such as a third DUI within ten years or a DUI after a prior felony DUI, the case is handled by the Third District Court in Salt Lake County. The Driver License Division case over your license is separate from both and is decided administratively, not by the criminal court that hears the charge.
Facing a DUI in Murray? Talk to Glen Neeley
A free, confidential consultation covers your ten-day deadline, the strength of the stop and the .05 test, and the defense options in Salt Lake County. Glen handles DUI cases exclusively and takes each Murray case personally.