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DUI Metabolite is not Unconstitutional Say Utah Supreme Court Wyatt Jeff Outzen was charged with DUI metabolite because he fell asleep while driving and struck the back of another car. Utah Highway Patrol troopers did not find any contraband in Mr. Outzen’s car, but...
Actual Physical Control of a Vehicle You Aren’t Driving In State v. Cook, 2017 UT App 8, the court addressed a DUI involving a four wheeler and whether the defendant, who wasn’t driving the four wheeler, was in actual physical control of the vehicle. In that case,...
In 2003, Jimenez-Wiss pleaded guilty in justice court to her first DUI offense, a class B misdemeanor. She pleaded guilty again in justice court in 2008 to her second DUI offense, which resulted in a suspended fifty-day jail sentence. She did not pursue a direct...
Driving Under the Influence or DUI is one of the most complicated areas of Utah Criminal Code. There are multiple offenses and multiple elements for each offense making for a confusing statutory system and that doesn’t even include all the statutes that are specific...
Like most of the rest of the state Utah, St. George, Cedar City, and all of Southern Utah in general are tough on prosecuting underage drinking. Alcohol sales and consumption have risen steadily in Utah over the past several years so it is no big surprise more...