Blog Archives

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

Posted in Utah DUI Laws

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

Posted in Utah DUI Laws

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

Posted in Uncategorized, Utah DUI Laws

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

Posted in Utah DUI Laws

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

Posted in Lawyer Resources, Utah DUI Laws

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

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Posted in Utah DUI Laws

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:

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