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.
Latest articles
Seasonal · HalloweenHalloween Weekend in Utah: DUI Blitzes, Costume Parties and the Charges That Follow
Halloween 2026 is a Saturday with a Weber State home game, a UHP DUI blitz, and the clocks falling back at 2 a.m. The 0.05 limit at a party, open containers, edibles, the not-a-drop weekend, and what to do if you are stopped.
Read article → Seasonal · HuntingDeer Hunt Weekend in Utah: Guns, Alcohol and the Charges That Follow Hunters Home
DUI applies on forest roads and side-by-sides, a beer and a rifle is a class B under § 76-10-528, and a seated magazine makes a bolt gun “loaded” in the truck. What the rifle hunt actually produces in Weber and Davis County courts.
Read article → Seasonal · DUI DefenseDark by 5:30: How Fall’s Early Nights, First Storms and Cold Medicine Change Utah DUI Stops
The clocks fall back November 1. Headlight stops, November deer crashes, field sobriety tests on a cold shoulder, and cold medicine under Utah’s any-drug standard — how fall changes the way DUI cases start and how they are defended.
Read article → Seasonal · HolidaysThanksgiving Eve to New Year’s: Utah’s Holiday DUI Season Starts the Night Before the Turkey
Utah’s holiday enforcement campaign starts the Wednesday before Thanksgiving. The 0.05 limit at the dinner table, visitors with out-of-state licenses, and the 10-day deadline that runs while the courts slow down.
Read article → Seasonal · Domestic ViolenceHoliday Gatherings and Domestic Violence Charges in Utah: What Happens After the 911 Call
Adult siblings and in-laws are “cohabitants” under Utah law. Why officers must arrest or cite, what the jail-release no-contact order means for the rest of the holiday, and why the alleged victim cannot drop the case.
Read article → Military & Hill AFBHill AFB DUI: What Airmen, DoD Civilians and Contractors Face
A DUI arrest near Hill puts you in two systems at once. UCMJ Article 113, the one-year base driving revocation under 32 CFR 634, clearance self-reporting, and why the Utah outcome matters more here, not less.
Read article → Court ProcessWhat 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.
Read article → Court ProcessMissed 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.
Read article → Know Your RightsWhen 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.
Read article → Know Your RightsCan 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.
Read article → After a ConvictionGun 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.
Read article → New Law 2026Utah’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.
Read article → Bicycle DUICan 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.
Read article → DUI CostsHow 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.
Read article → DUI & ImmigrationHow 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.
Read article → Know Your RightsCan 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.
Read article → DUI PleasWhy 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.
Read article → Theft ChargesShoplifting & 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.
Read article → Boating DUIBoating 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.
Read article → DUI LawCan 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.
Read article → Felony DUIDUI 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.
Read article → DUI ConsequencesHow 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.
Read article → DUI RecordHow 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.
Read article → DUI CheckpointsAre 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.
Read article → DLD & LicenseGetting 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.
Read article → After ArrestThe 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.
Read article → Know Your RightsUnderstanding 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.
Read article → Know Your RightsYour 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.
Read article → Police StopsWhat 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.
Read article → 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.
Read article → DUI OutcomesWhat 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.
Read article → DLD & LicenseThe 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.
Read article → Utah DUI LawUtah'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.
Read article → DUI DefenseHow 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.
Read article → DUI DefenseBlood 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.
Read article → DUI DefenseField 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.
Read article → DLD & LicenseUtah'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.
Read article → Defense StrategySuppression 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.
Read article → DUI ProcessWhat 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.
Read article → DUI DefenseSecond 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.
Read article → DUI DefenseUtah 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.
Read article → DUI OutcomesUtah'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.
Read article → Criminal DefenseAssault 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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