Using Prior Convictions to Enhance a Utah DUI–State v. EILEEN JIMENEZ-WISS,
The Utah Court of Appeal issued the decision in State v. Jimenez-Wiss. Defendant was charged with Felony DUI based on prior convictions. One of the convictions involved a case where Defendant was not represented by an attorney and no evidence was produced that Defendant waived the right to have an attorney. The District Court gleaned…
Utah DUI 2015 New Potential Laws
The legislature is back in session for the 2015 session. SB150 is seeking to tweet the DUI Laws in the State of Utah. The lawmakers are trying to do four things: The bill will prevent a second time offense from being plead down to an impaired driving. Get a screening and assessment for a Felony…
Utah DUI HB303 “Slightest Degree” is Dropped for Now
After many showed up to the committee meeting to oppose this bill, Rep. Perry put the bill on hold for further study. Here is an interview wherein Rep. Perry tries to clarify that slightest degree is not a not a drop statute–very confusing.
2014 Utah DUI Proposed Law Changes–Very Scary
Yesterday, Rep Lee Perry, proposed changes to the current DUI Law. Right now, there are three ways to violate the Utah DUI Law when it comes to alcohol and drugs. First, you are over an alcohol level of .08 at the time of driving. Second, you are over an alcohol level of .08 at the…
Utah DUI Defense: The Law and Practice, Second Edition
The Second Edition of Utah DUI Defense: The Law and Practice has just come out. The first edition was released in 2011. The second edition has been updated with the latest case law, statutes, and strategies in defending DUI’s in Utah. The book took several hours of research, editing, and re-writing certain portions. It…
Driver License Suspensions for Minors who get a DUI in Utah
I was presenting to UACDL attorneys on Drivers License Suspensions. An area that became real confusing is the area of minors who get a DUI. The reason this gets so confusing is because there are administrative based suspensions and then there are conviction based suspensions. Utah code 53-3-223 (7)(a)(ii) provides that a person under 21…
When can the Prosecution Appeal a Ruling in a Utah DUI case?
Under the Utah Code, a prosecutor can appeal decisions from a Justice Court Judge to the District Court under certain circumstances. Utah Code 78A-7-118 states:… (5) The prosecutor is entitled to a hearing de novo in the district court on: (a) a final judgment of dismissal; (b) an order arresting judgment; (c) an order terminating…
Utah DUI and Concealed Weapons Permit
Many people do not understand the hidden consequences of a DUI. One such hidden consequence is the denial of obtaining a concealed weapons permit. If a citizen already has a weapons permit, it will be revoked. In fact, the code says you cannot have a permit or your permit can be revoked or suspended if…
Can an officer Breath Test me for no reason?
An officer pulls you over for speeding. He asks for your license, insurance, and registration. He goes back to his car and discovers, after a computer check, the license is flagged as an "alcohol restricted driver" because you have a prior DUI or alcohol violation. The officer has no reason to believe that you have…
Utah Alcohol Restricted Driver
A person who is convicted of being in violation of the alcohol restricted driver law will have their license revoked for a period of one year. This is in accordance with Utah Code 53-3-220(1)(a)(xv). If you are convicted of this law under Utah Code 41-6a-530, it is a class B misdemeanor, just like an original…