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

What No One Is Telling You
About Your Utah DUI Case

The prosecution is counting on you not knowing your rights, the weaknesses in their case, or what your attorney should be doing. Here's what you need to know — before it's too late.

Call (801) 645-5008 — Free Consultation
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5 Things the District Attorney Does NOT Want You to Know
5 items
  • He does not have all the witnesses available to prove his case.
  • He has exculpatory evidence which would prove your innocence.
  • You have a right to a jury trial within six months of pleading not guilty.
  • He has evidentiary problems in proving your blood alcohol level.
  • He's bluffing.
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7 Facts That Must Be Proved Before You Can Be Found Guilty
7 elements
  • Your identity
  • As a driver
  • Of a motor vehicle
  • In the State of Utah, while
  • Your blood alcohol level was over one of the prescribed limits, or
  • You were substantially incapable of driving (driving under the influence), or
  • You were affected to the slightest degree in your driving ability (driving while ability impaired)
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10 Questions Your Attorney Must Ask You to Preserve Your Defense
10 questions
  • What your itinerary was prior to arrest
  • Your consumption of alcoholic beverages
  • Your observations of the officer
  • The officer's stated reasons for stopping you
  • Whether the officer asked or ordered you to take roadside tests
  • Your performance on roadside tests
  • Statements you made to the officer
  • What the results were of any breath or blood tests
  • Whether you were observed prior to a breath test
  • What you must do immediately to preserve your right to drive
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4 Items Crucial to Your Defense
4 items
  • A thorough investigation of the facts
  • Vigorous cross-examination
  • A sound understanding of constitutional principles
  • An experienced attorney
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The One Thing Your Attorney Must Do at Arraignment
Critical step
  • To raise objections based on the Summons and Complaint, your attorney must appear in person for your arraignment. This is non-negotiable — missing it can forfeit critical challenges before your case even begins.
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Why a Jury Trial Is Advisable — and How to Get One
Your right
  • Six people have to agree on your guilt instead of one — that's a much higher bar for the prosecution to clear.
  • You automatically have the right to a jury trial. You don't have to earn it — you simply have to assert it.
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How the Arresting Officer's Testimony Can Be Discredited
2 methods
  • Inconsistent statements — what the officer says in court vs. what is in the police report
  • Failure to recollect — officers handle dozens of stops; a skilled attorney can expose gaps in memory
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5 Requirements That Must Be Met for Chemical and Roadside Tests to Be Valid
5 requirements
  • The officer must have had a reasonable suspicion that you were violating the law
  • The officer must have had probable cause to arrest you or obtained your consent for roadside tests
  • The officer must tell you that you have a right to refuse a portable breathalyzer test
  • The officer must have probable cause before arresting you and before requiring a chemical test
  • The officer must give you your Miranda rights after arrest if he intends to interrogate you
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2 Key Pieces of Information Needed Before Deciding to Go to Trial
2 factors
  • An honest assessment of the weaknesses and strengths of the State's case against you
  • A clear understanding of the effect a conviction would have on your license, career, insurance, and life
  • Plea bargaining is a cost-benefit analysis — how much does it cost to defend, versus what you stand to lose by pleading? An experienced attorney helps you make that calculation clearly.
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What This Arrest Means for Your Driver's License
License impact
  • If your blood alcohol was over the legal limit or you refused a test, you may be unable to drive at all for a significant period of time.
  • If you are suspended for excessive points, you may be able to request a probationary license — but this must be pursued promptly.
You have only 10 days from arrest to request a Driver License Division hearing — after that, suspension is automatic.
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4 Preliminary Motions That Must Be Filed — and the Danger If They Aren't
4 motions
  • Motion to suppress evidence on the ground that you were unconstitutionally stopped
  • Motion to suppress evidence based on an unconstitutional search and seizure
  • Motion to suppress statements due to failure to give Miranda rights
  • Motion for Discovery of all evidence held by the prosecution
If these motions are not filed, your case may not be dismissed when it should have been — and you may never learn about evidence that could prove your innocence.
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7 Defense Tactics in Pre-Trial Motions
7 tactics
  • Contest the constitutionality of the stop
  • Contest the constitutionality of administering roadside tests
  • Contest the probable cause to arrest
  • Contest the administration of Miranda rights
  • Contest the manner in which roadside tests were given
  • Contest the use of a Portable Breath Tester
  • Contest the constitutionality of any search and seizure

Knowledge Is Only Half the Battle.

You now know what to look for. The next step is having an attorney who knows how to use it. Glen W. Neeley has been fighting Utah DUI cases since 1998 — call for a free consultation today.

(801) 645-5008 Schedule a Free Consultation

Serving the Ogden · Salt Lake City Area · Available 24/7