The Legal Foundation: The Fourth Amendment
The Fourth Amendment prohibits unreasonable searches and seizures. Evidence obtained in violation of the Fourth Amendment is generally inadmissible under the exclusionary rule. Utah's constitution (Article I, Section 14) provides parallel protections that Utah courts have sometimes interpreted more broadly than the federal standard.
The Traffic Stop Challenge
Every DUI case begins with a traffic stop. The officer must have reasonable articulable suspicion of a traffic violation or criminal activity. If the stop was unlawful — based on a mistake, a hunch, or a pretext — everything obtained afterward can be suppressed.
The Breathalyzer Foundation Challenge
Under State v. Vialpando and Utah Admin. Code R714-500, breath test results require a three-part foundation: the device was in working order, the operator was qualified, and the test was properly administered. We file suppression motions when calibration records are incomplete, when the operator's certification lapsed, or when the administration protocol wasn't followed.
What Happens If We Win
A successful suppression motion often ends the case. If the breath test result is suppressed, the prosecution typically has no BAC evidence. If the stop is suppressed, everything goes. Prosecutors frequently dismiss charges rather than proceed without key evidence.
Call (801) 627-1110 to discuss whether your case has suppression opportunities. Free case assessment 24/7.