URGENT  Utah DUI? You have 10 days to protect your license. | Call (801) 627-1110 — Free 24/7 | Se Habla Español

Suppression Motions: How Utah DUI Defense Attorneys Throw Out Evidence

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 fruit of the poisonous tree: If the officer didn't have legal justification to stop your vehicle, the breath test, field sobriety tests, and the arrest itself may all be suppressed. Dashcam footage that contradicts the police report is one of the most powerful suppression tools we use.

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 consultation 24/7.

Contact

Free case analysis.

No obligation. No judgment. Just answers from experienced Utah defense attorneys.

Phone — 24/7
(801) 627-1110Brady and Kelly answer directly.
Office
3856 Washington BlvdOgden, Utah 84403 · Open 24 hours
Coverage
Statewide UtahAll districts & justice courts · Se Habla Español

Send Us a Message

CONFIDENTIAL · ATTORNEY-CLIENT PRIVILEGED
🔒 ATTORNEY-CLIENT PRIVILEGE · APPLIES FROM FIRST CONTACT
📞 Call (801) 627-1110 Free Review