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The Journal — Utah Defense Notes

Defense writings from Cardon, Stuart & Associates.

Utah DUI law, criminal defense strategy, and the procedural details that often decide cases. Written by Brady Stuart and updated as the law evolves.

DUI Costs

How Much Does a DUI Cost in Utah?

A Utah DUI costs far more than the fine. Court fines and surcharges, license reinstatement, ignition interlock, higher insurance, screening, towing, and attorney fees — where the money really goes.

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DUI & Immigration

How a Utah DUI Can Affect Your Immigration Status

For non-citizens, a Utah DUI can carry consequences far beyond court. How a DUI may affect visas, green cards, DACA, and naturalization — and why criminal and immigration defense must work together.

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Know Your Rights

Can Police Search Your Car During a Utah Traffic Stop?

Being pulled over does not automatically let police search your vehicle. The rules that apply in Utah — consent, probable cause, the automobile exception — and how an unlawful search can be challenged.

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DUI Pleas

Why a Utah DUI Usually Can't Be Pleaded in Abeyance

A plea in abeyance can keep many Utah charges off your record — but DUI is treated differently. Why DUIs generally can't be held in abeyance, and the reduction that often takes its place.

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Theft Charges

Shoplifting & Retail Theft Charges in Utah

A shoplifting accusation in Utah can be more serious than people expect — the value of the goods sets the charge level, and stores often send civil demand letters too. What the charges mean and how they're defended.

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Boating DUI

Boating Under the Influence (BUI) on Utah Lakes

Utah's impaired-operation law applies on the water too. What BUI means on lakes like Pineview and Willard Bay, the limits, how enforcement works, and the penalties you could face.

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DUI Law

Can You Get a DUI in a Parked Car? Utah's "Actual Physical Control" Rule

In Utah you can be charged with DUI without driving — if you're in "actual physical control" of a vehicle while impaired. What that means, the factors courts weigh, and why sleeping it off can still be a charge.

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Felony DUI

DUI Causing Injury in Utah: When a DUI Becomes a Felony

A Utah DUI that injures someone can be charged far more seriously than a standard DUI — and separately from automobile homicide. What elevates the charge, the potential exposure, and why these cases are fought hard.

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DUI Consequences

How a Utah DUI Can Affect Your Job and Professional License

A Utah DUI reaches beyond court. Licensed professionals, CDL holders, and job seekers can face reporting duties, board review, and background-check fallout. What to expect and how to protect your livelihood.

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DUI Record

How Long Does a DUI Stay on Your Record in Utah?

A Utah DUI lives on more than one "record" — your criminal history, your driving record, and the DUI lookback period for enhanced penalties. What each one means, and when a DUI can be cleared.

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DUI Checkpoints

Are DUI Checkpoints Legal in Utah? What Drivers Should Know

Utah allows sobriety checkpoints, but only under strict rules: a written plan, neutral stopping criteria, and advance authorization. What makes a checkpoint legal and your rights if you're stopped.

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DLD & License

Getting Your License Back After a Utah DUI Suspension

After a Utah DUI license suspension ends, reinstatement is not automatic. The steps that restore your driving privileges: the reinstatement fee, SR-22 insurance, and ignition interlock requirements.

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After Arrest

The First 48 Hours After a DUI Arrest in Ogden

Arrested for DUI in Ogden or Weber County? The first 48 hours matter most. A practical step-by-step guide: the 10-day license deadline, what to document, and what not to say.

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Know Your Rights

Understanding Your Miranda Rights

Police don’t read Miranda at the moment of arrest — only before a custodial interrogation. What the warning protects, when it applies, and what suppression does to a case.

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Know Your Rights

Your Rights When Stopped by Police in Utah

Stay calm, ask whether you’re detained, invoke silence and counsel out loud, and decline searches. A defense attorney’s field guide to a police encounter.

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Police Stops

What to Say (and Not Say) When You’re Pulled Over

Keep answers short, never apologize into an admission, and don’t consent to a vehicle search — and know why that’s different from refusing a chemical test.

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Criminal Defense

“She Doesn’t Want to Press Charges.” Why Am I Still in Trouble?

In Utah the State controls a domestic violence case, not the alleged victim. Who actually decides on dismissal, and why a no-contact order stands until a judge lifts it.

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DUI Outcomes

What Happens If You Plead Guilty to a Utah DUI?

A guilty plea is a conviction, and most first-offense penalties are mandatory. The full fine, jail, interlock, and suspension breakdown — and why an Impaired Driving reduction matters.

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DLD & License

The 10-Day DLD Rule: The Deadline Most Utah DUI Defendants Miss

The single most important deadline after a Utah DUI arrest. Miss it and your license is suspended automatically — regardless of what happens with the criminal case.

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Utah DUI Law

Utah's 0.05% BAC Law: What Every Driver Needs to Know

Utah's nation-lowest BAC limit creates real defense opportunities — and real risk for drivers who think they're under the legal limit.

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DUI Defense

How Utah DUI Attorneys Challenge Breathalyzer Results

The Intoxilyzer 8000 is not infallible. Calibration records, partition ratio variation, and the Vialpando foundation requirement all create challenges.

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DUI Defense

Blood Test DUI in Utah: Chain of Custody and Lab Errors

Blood tests aren't more reliable than breath tests — they just have different failure modes. Chain of custody, storage temperature, and lab analyst protocols matter.

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DUI Defense

Field Sobriety Tests in Utah: What the Officer Isn't Telling You

NHTSA-mandated procedures govern how every standardized field sobriety test must be administered. Officer deviations are leverage.

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DLD & License

Utah's Implied Consent Law: Should You Refuse the Breath Test?

Refusal triggers an automatic 18-month license suspension under § 41-6a-520 — but it also denies prosecutors a key piece of evidence.

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Defense Strategy

Suppression Motions: How Utah DUI Defense Wins Before Trial

A successful suppression motion can end a DUI case before it ever reaches a jury. Stop legality, Miranda violations, and search defects.

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DUI Process

What Actually Happens at a Utah DUI Arraignment

The first formal court appearance after a DUI charge. We typically waive your appearance and enter a not-guilty plea on your behalf.

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DUI Defense

Second DUI in Utah: How the Consequences Escalate

A second DUI within 10 years is still a Class B misdemeanor — but the mandatory minimums and license consequences are dramatically harsher.

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DUI Defense

Utah Drug DUI: Marijuana, Prescription Meds, and Driving

Utah enforces zero-tolerance for THC metabolite — even days after legal use in another state. Prescription drug DUIs raise their own issues.

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DUI Outcomes

Utah's 'Impaired Driving' Plea: A Lesser Charge That Saves Your License

Utah Code § 41-6a-502.5 lets a DUI be reduced to 'impaired driving' — same maximum penalties, but different collateral consequences.

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Criminal Defense

Assault on a Peace Officer in Utah: What the Charge Really Means

§ 76-5-102.4 is a third-degree felony — but the elements are narrower than prosecutors often assume. Intent matters.

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