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Legal Articles — Utah Defense Notes

Defense articles from Cardon Stuart.

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

Court Process

What Happens at a Utah Preliminary Hearing

Felony and class A misdemeanor cases get a preliminary hearing before trial. The probable-cause standard, Utah's reliable-hearsay rule, the 14/28-day deadlines — and when waiving actually makes sense.

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Court Process

Missed Your Court Date in Utah? What a Bench Warrant Means

Most people with a warrant didn't run — they moved, missed the notice, or got the date wrong. How bench warrants issue, why they never expire, the separate bail-jumping charge, and how a lawyer gets one recalled.

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Know Your Rights

When Utah Police Say They “Just Want to Talk”

A detective's call is not a casual chat. Why Miranda usually doesn't apply to a voluntary interview, the narrow disclosure Utah law actually requires, and how to decline without making things worse.

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Know Your Rights

Can Utah Police Search Your Phone?

Riley requires a warrant, and Utah's Electronic Information Privacy Act goes further — its exceptions expressly exclude the automobile exception. Consent, passcodes, notice requirements, and overbroad warrants.

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After a Conviction

Gun Rights After a Utah Criminal Conviction

Utah's Category I and II restricted-person rules under § 76-10-503, why a single domestic-violence misdemeanor can end gun rights under both state and federal law, and the 402, expungement, and pardon paths back.

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New Law 2026

Utah’s New DUI License Suspension Law: What Changed July 1, 2026

The Legislature rewrote § 53-3-223. Suspensions now start on day 60, the hearing window nearly doubled — and a DUI amended to impaired driving now unlocks early license reinstatement.

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Bicycle DUI

Can You Get a DUI on a Bicycle in Utah?

Yes — Utah's DUI statute reaches bicycles. But nonmotorized riders are exempt from driver's license penalties, and e-bikes change everything. What the law really says.

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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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