Law Office of Glen Neeley

Tag: dui

  • Driving Permits after cited for DUI

    Most, if not all, of my clients ask me when they come in for a consultation, "if my driver’s license gets suspended, can I get a work permit?"  Answer:  No, not in Utah. The Department of Motor Vehicles will not issue a work permit.  I have only seen one in my years of practicing law…

  • Intoxilyzer Breath Guesser Manufacturer is in Contempt

    On August 12, 2007, I wrote a little bit about the Source Code that the manufacturer is refusing to let anyone see.   A Defendant has a right to see and challenge the evidence against him or her.   This issue is being heavily litigated in Florida.  Apparently, CMI Inc., the manufacturer, said we are…

  • Intoxilyzer Source Code

    Many times, clients ask me how the intoxilyzer determines their blood alcohol content. I try to explain the mechanics of it, the theory of it, and the science of it. The problem is that the manufacturer of the machine, CMI Inc., will not release the source code of the software in the machine. For all we know, the…

  • Utah DUI Lawyer–What to Look For in an Attorney?

    People often ask me what to look for when hiring a lawyer to defend their DUI. Generally speaking, there are six things that a person should see in a lawyer. Look for a specialist, someone who focuses on your type of case, and someone who has experienced and is trained in this area of the law. It has…

  • Driving under the influence of Drugs, or was it just a Medical Condition?

    Do we really believe in the presumption of innocence?  When we drive down the street and see a citizen pulled over by a police car, don’t we say to ourselves "I wonder what he did?"  Are we not prone to presume someone guilty before innocent?  In many of my cases, it feels like the case…

  • Metabolite Utah DUI–“But I’m not impaired!”

    In Utah, a citizen can be charged with DUI without being impaired and without being over a .08 blood/breath alcohol level. It’s called driving with any measurable amount of a controlled substance in the body. In fact, the controlled substance does not even have to be found in your body, it can be a metabolite of the…

  • Utah DUI Hidden Penalties that your Attorney May Not Tell You About

    When a person is convicted of a DUI, generally, a Court will sentence a person.  The Court will address punishments, conditions of probation, and treatments.  For example, for a first time offense, a person normally and generally receives as sentence a fine of $1332, a Prime for Life alcohol treatment program, 48 hours community service…

  • Horizontal Gaze Nystagmus (HGN)–What does it look like?

    Many people come into my office and tell me about their field sobriety tests.  Often they say, "I know I passed the eye test, I did everything I was supposed to do on that test."  A person may have followed all of the instructions, but that is not the main purpose of the test.  The…

  • Utah DUI Driver’s License Hearings by Telephone

    Jamie Spencer from Austin Texas wrote about ALR hearings and discussed the issue of whether your attorney should do the hearing live in person or by telephone. For a Utah DUI driver’s license suspension hearing, we have the option of showing up in person or by telephone. However, the Utah Driver’s License Division has recently negated in…

  • Utah DUI–Saving Your Driver’s License

    If you are arrested for DUI, one of the first things you have to deal with is your license. Normally, an officer will take your Utah driver’s license and issue you a citation. That citation will tell most people that the citation acts as a driver’s license for 29 days. In small print at the bottom of that…