Blog

Insights on Utah DUI law, defense strategy, and protecting your rights.

Having Good Breath is a Crime In Utah!

  I was asked the other day what the consequences are of a minor in possession/consumption of alcohol.  Interesting question with the new laws in effect now.  Lets say you were never in a car, you are 18 years old, and you rinsed our mouth out with Listerine.  An officer comes up to you and […]

The Innocent Accused

  I saw this story in the Salt Lake Tribune the other day.  The man caused an accident that killed another man.  It was an "accident."  A so called "expert cop trained to spot impaired drivers" accused this man of being under the influence of a central nervous system depressant.  The man was jailed for […]

Things are not always Black and White in Criminal Law

 This women is being charged with multiple first degree felony rape charges.  Today was her preliminary hearing.  My partner, Rich Gallegos, is defending her.  He asked me to sit with him at the defense table for support and for a second pair of eyes.  He was masterful.  The headlines for months read "Teacher had sex […]

Utah Crime Lab and Budget Cuts

The Utah State Crime Lab analyzes all the DUI cases that involve blood draws.  Recently, in the Salt Lake Tribune, there was an article stating that budget cuts may cause cutting lab staff.  If that happens, the lab people in the article say that this could cause turnaround time on blood sample results to slow […]

New Utah DUI Laws: Forfeiture of Vehicle

 The new laws now allow seizure and forfeiture of your car.  If you have been convicted of certain crimes, the government can take ownership of your car away.  If you are driving on a suspended license, and your license was suspended because of a DUI or DUI Metabolite, then the government can take your vehicle […]

New Utah DUI Laws: Work / School Permit (NOT!)

The most common question I get asked is "Can I get a permit to drive to and from work while my license is suspended?"  My answer used to be unequivocally no!  My answer has not changed.  This year, a new law was put in the code to allow a permit for school or work.  However, […]

New Utah DUI Laws: Longer Driver’s License Suspensions

  If a person gets arrested for DUI after July 1, 2009, then the driver’s license suspension period has been extended.  Basically, a first time offender that does not refuse to take a breath test gets a 120 day suspension.  (Used to be 90 days).  A person with a prior DUI is now Two Years.  A […]

New Utah DUI Laws: Ignition Interlock

   Effective July 2, 2009, many new laws came into effect.  Now, anyone convicted of a DUI, whether it be a first offense or a subsequent offense, will be required to have an ignition interlock device placed on their car.  The ignition interlock business is going to be making a lot of money on this […]

Davis County Utah DUI, “The Scarlet D”

I received a phone call yesterday from Jesse Fruhwirth, who works for the Standard Examiner newspaper.  I was in the middle of arguing a case before the District Court regarding the illegal search of my client.  "What do you think about the DUI registry in Davis County?", he said.  Did I hear him right?  They […]

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