Glen W. Neeley – Utah DUI Defense Attorney
Glen W. Neeley
Utah DUI Defense Attorney  ·  Defending Clients Since 1998
Utah DUI Defense · Glen W. Neeley

Glove Compartment Guide
for Drivers Stopped for DUI in Utah

If you are being pulled over right now, or want to be prepared before it ever happens — read this, print it, and keep it with your registration. What you say and do in the next few minutes will matter in court.

📋 Print & Keep in Your Glove Box
⚖️ Written by a Utah DUI Attorney
🛡 Know Your Rights Before You Need Them
Call (801) 645-5008

The moments immediately after a traffic stop can define the outcome of your entire case. Stay calm. Be polite. Know what you are required to do — and what you are not. Every item below reflects your rights under Utah and federal law.

1
Your Most Important Right
Stay Silent. Give Only Your Name and Address. Ask for a Lawyer.

You are legally required to identify yourself — provide your name, address, and date of birth when asked. That is where your obligation ends. You do not have to answer any other questions.

The moment questions begin — "Where are you coming from?" "Have you been drinking tonight?" "How much did you have?" — politely but clearly say:

  • "I am invoking my right to remain silent."
  • "I would like to speak with an attorney before answering any questions."
  • Then stop talking. Do not explain. Do not justify. Do not apologize.
Anything you say — even casual, innocent-seeming conversation — can and will be used against you. Officers are trained to ask questions that build a DUI case. The best answer to almost every question at a traffic stop is no answer at all.
2
Decline Politely
Refuse Field Sobriety Tests (Walk-and-Turn, One-Leg Stand, etc.)

Field Sobriety Tests (FSTs) — including the walk-and-turn, one-leg stand, and others — are voluntary in Utah. You are not legally required to perform them, and you should not.

These tests are designed to produce evidence against you. They are evaluated subjectively by the officer conducting the stop — the same officer who already suspects you. Even completely sober people fail these tests due to nervousness, medical conditions, uneven pavement, poor lighting, or improper instructions.

  • Politely say: "I respectfully decline to perform roadside tests."
  • You do not need to explain why. "I decline" is a complete answer.
  • The officer may pressure you. Remain calm and repeat your refusal.
  • Refusal of FSTs carries no automatic license penalty in Utah.
Why it matters: FST results are one of the primary building blocks of a DUI case. No test performed means less evidence for the prosecution to use against you at trial.
3
Decline Politely
Refuse the Horizontal Gaze Nystagmus (HGN) Eye Test

The eye test — formally called the Horizontal Gaze Nystagmus (HGN) test — is one of the three standard field sobriety tests. An officer will ask you to follow a pen or light with your eyes while looking for involuntary eye movements associated with alcohol impairment.

Like all field sobriety tests, the HGN is voluntary. You are not required to submit to it. Nystagmus has many causes unrelated to alcohol — including certain medications, eye conditions, and even fatigue — and the test is frequently administered incorrectly.

  • Politely say: "I respectfully decline the eye test."
  • Do not attempt to explain or negotiate. A calm, firm refusal is sufficient.
4
Decline Politely
Refuse the Handheld Portable Breath Test (PBT) at the Roadside

If an officer asks you to blow into a small handheld device at the roadside — before any arrest is made — that is a Portable Breath Test (PBT), also called a preliminary breath test. This is not the official evidentiary test. It is a roadside screening tool used to establish probable cause for arrest.

The PBT is voluntary in Utah and you should decline it. Handheld devices are far less accurate than the official Intoxilyzer instrument used at the station, and the results are used against you while their unreliability is rarely highlighted to juries.

  • Politely say: "I decline the roadside breath test."
  • Refusal of the handheld PBT does not trigger the 18-month license revocation. That consequence applies only to the official evidentiary test (see Step 5).
  • Do not confuse the two — the distinction is critical.
Know the difference: The portable roadside PBT is voluntary. The official Intoxilyzer at the station or a blood draw carries legal consequences if refused. If you are unsure which test you are being asked to take, ask the officer to clarify.
5
Read Carefully — This Is Different
The Official Chemical Test: Intoxilyzer or Blood Draw

Once you are under arrest, Utah's Implied Consent Law kicks in. By driving on Utah roads, you have already legally agreed to submit to an official chemical test — a breath test on the evidentiary Intoxilyzer at the station, or a blood draw — if a law enforcement officer has probable cause to believe you are driving under the influence.

This is a fundamentally different situation from the roadside tests above. The decision here carries real, automatic consequences either way, and you should understand both sides before you respond.

  • If you consent: The test results become part of the evidence against you. A skilled attorney can challenge the accuracy, calibration, chain of custody, and administration of the test — but the result exists.
  • If you refuse: Your license will be administratively revoked — automatically and separately from any criminal case — for 18 months for a first refusal and 36 months for a second or subsequent refusal.
Critical Utah Reality: If you refuse the official chemical test, most Utah law enforcement officers will immediately seek a search warrant for your blood. Utah courts routinely grant these warrants — often within minutes by phone or electronically. You may end up with both a forced blood draw and the license revocation for refusing. You do not avoid the test; you may simply add the refusal penalty on top of it.
Glen Neeley's guidance: In most situations, consenting to the official test is the more strategic choice — because blood and breath results can be challenged in court, while refusal penalties are automatic and very difficult to overcome. However, every situation is different. Ask to speak with an attorney before deciding — you have the right to make a reasonable attempt to contact counsel before taking the test. Use it.
6
Always Do This
Be Polite, Stay Calm, and Produce Your Documents

Nothing in this guide gives you license to be rude, uncooperative, or confrontational with an officer. Quite the opposite. Exercising your legal rights should be done calmly, respectfully, and without argument.

  • Produce your driver's license, registration, and proof of insurance when requested. This is required by law.
  • Keep your hands visible at all times. Move slowly and deliberately.
  • Do not argue with the officer at the roadside. The roadside is not where you fight your case. That is what the courtroom is for.
  • Do not physically resist, even if you believe the stop or arrest is unlawful. Comply and contest it later with your attorney.
  • Hostility or rudeness will not help you — it may escalate the situation and create additional charges. Polite, quiet, and firm is the goal.
Remember: Officers take notes on your demeanor, your speech, your coordination — everything from the moment the stop begins. A calm, cooperative attitude gives the prosecution less to work with and your attorney more to defend.
⏰

After the Stop: The 10-Day Clock Starts Immediately

Whether you consented to the chemical test or refused, the clock is running. You have only 10 days from the date of your arrest to request a Driver License Division (DLD) hearing to contest your license suspension or revocation. Miss that window and your license is automatically suspended — no hearing, no second chance.

Call Glen W. Neeley immediately. The sooner he gets to work on your case, the more options are available — from preserving video evidence to filing for the DLD hearing to evaluating every weakness in the officer's case against you.

The roadside is over. Now the real fight begins — and it starts with one phone call.

📋 Quick Reference — Print This

Your Utah DUI Stop Checklist

Give name, address, date of birth only
Do not answer other questions
Ask for a lawyer immediately
Do not perform field sobriety tests
Produce license, registration, insurance
Do not submit to the HGN eye test
Stay calm and polite at all times
Do not blow into the roadside PBT
Consider consenting to official chemical test
Do not argue or resist at the roadside
Call Glen Neeley: (801) 645-5008
Do not post anything on social media

Already Been Stopped?
Call Before You Do Anything Else.

Glen W. Neeley has been defending Utah DUI cases since 1998. Free consultation, available 24 hours a day, 7 days a week. Do not wait.

(801) 645-5008 Schedule a Free Consultation

Available 24/7 · Ogden & Salt Lake City · Statewide Utah

This guide is provided for general informational purposes only and does not constitute legal advice. Laws and procedures may change. Nothing here should be relied upon as a substitute for consultation with a licensed Utah DUI defense attorney. Glen W. Neeley — Utah State Bar #9963.