Law Office of Glen Neeley

Category: .08 Breath/Blood Alcohol Limit

  • Utah DUI Prime for Life Class

    If a person is convicted of a DUI or a Driving While Impaired charge, it is statutorily required that the person participate in drug and alcohol treatment by a state certified agency.  The class is called the Prime for Life Class.  This is a 16 hour course taught by agencies throughout Utah.  In fact, many…

  • People and Alcohol

    Guest writer, Allison Gamble, wrote and interesting article for me to post regarding the who, what, when, where, why, and how of alcohol.  Thanks Allison. People and Alcohol Humans’ love of alcohol is millennia old despite the obvious downsides of alcohol abuse. Even with the traffic fatalities, health problems, and ruined relationships attributable to alcohol…

  • Supreme Court Rules That Those Who Administer Tests Must Be the Ones to Testify

    The U.S. Supreme Court recently decided on a landmark ruling that has significant bearing on all criminal defense cases across the United States. The ruling states that when trying to prove a criminal fact, the individual who performed the test to determine the fact must also be the one to testify in Court, and other…

  • Kansas DUI Case Moves to the Supreme Court

    A man in Kansas was acquitted in his DUI case recently, despite his breath being measured at .080 grams, the legal limit in the United States. The man’s attorney argued during his driver’s license hearing that a Blood Alcohol Content (BAC) of .080 was not enough evidence on its own to find his client guilty…

  • 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…

  • 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…

  • Utah Crime Lab Makes a Mistake in a Utah DUI Charge

    I was called on the phone today by KSL News today about a story that was unfolding.  A man hit and killed a UPS driver.  He was charged with a Vehiclular Hommicide by the goverment.  The Utah State Toxicology Lab tested his blood and came back with a result of .19.  The man was in…

  • UHP draw blood for Utah DUI Arrests!

    I have had several cases in Farmington, Utah, where the officer will draw blood from the arrested person rather than take him or her to get a breath test.  Is this really a good idea?  I mean, police drawing blood on the side of the road doesn’t seem sanitary.   The police are there collecting evidence. …

  • MADD wants punishment for drinking drivers, not just Drunk Drivers!

    Here is an interesting article about the prohibition of drinking.  Some points that I find interesting are: The person who started MADD feels that the organization has gotten way out of hand and no longer supports the organization. MADD is pushing for complete prohibition of any alcohol. Lowering the legal limit has not lowered DUIs…

  • Saturation Patrol, Utah DUI

    The Utah police agencies used to do "administrative checkpoints" to pull people over for no reason and then check them for alcohol.  The problem is that that charges can be challenged because there are so many rules the police must follow to make them constitutional.  So the police answer this by doing Saturation Patrols.  The…