Law Office of Glen Neeley

The Utah DUI Law Blog

Utah DUI–Fourth Amendment is Still Alive!

I found an interesting article this afternoon. It was really interesting to me because it was my case. This case was first heard in the North Logan Justice Court. The judge in that Court heard the exact same evidence but ruled that the officers had reasonable suspicion. I didn’t agree with the judge’s decision so…

May 8, 2008
Utah DUI and Ignition Interlock Devices

If a person is convicted of a DUI and the breath test was over a .16, most courts will require the person to put an ignition interlock device on any car they own and any car they drive. If a person has more than one conviction within 10 years, it is mandatory by state law…

May 4, 2008
Utah DUI Substance Abuse Classes

I often get calls from people asking where they can get substance abuse counseling when they are being charged with a DUI. If a person is convicted of a DUI, a person is required to have an evaluation to determine if a treatment is necessary. I don’t think I have ever had a client convicted…

May 1, 2008
Followup to Utah’s DUI Single Breath Test

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April 21, 2008
Police in Utah DUI arrests only ask for One Test

A couple of years ago I attended the Indiana University Borkenstein Course. This is a course that Utah Breath Test technicians are required to take to qualify for their job as technicians. The taxpayer spends a lot of money on these people to take this course. The course is taught by the top scientists…

April 20, 2008
Should I plead to a Metabolite DUI?

I was discussing a case with a prosecutor today. He made the offer that my client plead to Driving with a Measurable Amount of a Controlled Substance in his system. This is basically the same thing as a DUI, except the prosecution does not have to prove any impairment or level whatsoever. The only thing…

April 16, 2008
Follow UP to Officer’s getting their own Utah DUIs!

So here is a follow up on the story from yesterday. The interesting thing about this case is that the officer was never found guilty of DUI. However, his department presumed him guilty and fired him anyway. It’s interesting that the police don’t even respect the sacred presumption of innocence even when dealing with their…

March 26, 2008
Police Get DUIs in Utah???

The Police are making arrests for DUIs. A story broke today about 30 officers being disciplined. Many of the disciplined officers were involved in sexual misconduct. However, I was shocked to see a few of them were officers convicted of DUI or Alcohol Related offenses. One of the officer’s was the the poster child for…

March 25, 2008
Followup on Washington Breath Test Fiasco!

Barry Logan is (was) the head of the Washington State Crime Lab. He has resigned because of the fiasco that took place in the lab. I met Barry at a course I took in Indiana. He was very knowledgeable about the science of Breath Testing. I’m sad that this has cost him his career. I am…

February 16, 2008
Breath Tests Thrown Out!

I have a friend in the State of Washington named Andrea Robertson. Excellent Attorney. She sent me an email this week about a huge mess that is going on in Washington. The gist of the mess is that the State Toxicology Lab staff violated ethical boundaries (lied in quality assurance affidavits), were sloppy in their…

February 2, 2008