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5 Big Lies About DUIs in Utah
Many people, including judges and attorneys, have the wrong perspective about DUIs in Utah. A lack of knowledge in the area of DUI can have dire consequences to a citizen without realizing it. The Big Lies are: A DUI is a “simple charge.” I hear it all the time. “Should I just go in and…
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Ogden DUI Attorney
I opened my law practice shortly after graduating law school in 1998. There was no big firm dreams for me. I did not want to work for someone else. My dream was to help those in need who could not help themselves. My dream was to be that down to earth lawyer that a client…
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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…
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DUI Attorney vs. a Criminal Defense Attorney
The question has come up twice this month from two different sources. I was asked, "What is the difference between a DUI Attorney and a Criminal Defense Attorney." The simple, but circular answer is all DUI attorneys are criminal defense attorneys, but not all criminal defense attorneys are DUI Attorneys. The differences is the specialty…
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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…
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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…
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Court Ordered Ignition Interlock Device
A man’s DUI charge was reduced to Impaired Driving. Impaired driving will prevent loss of license or reduce a license suspension on a first offense (if the person did not refuse a chemical test). An ignition interlock device is not normally required either. However, if a person pleads to an impaired driving, and as part…
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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…
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What will happen to me at Sentencing for a Utah DUI?
Every case is different, every prosecutor is different, and every judge is different. However, Utah has developed the "Utah DUI Sentencing Matrix" as a guide for judges in sentencing a DUI defendant. Most judges will follow pretty close to the guidelines with minor exceptions. Driver license suspensions are rarely ordered by the court because the…
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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…
Law Office of Glen Neeley 