Greg Smith and Associates, Criminal Defense Attorneys

Salt Lake City (Murray)
Free 15 Min. Consultation  :  Nights & Weekends  :  Easy Payments

801-651-1512  -  24/7

Free 15 Min. Consultation 24/7

801-651-1512

We Can Help You Now

Call 801-651-1512   Call Now 24/7 Free 15 Min Consultation: 24/7, nights & weekends
Typically No Retainer - Easy Payments!*

Use our secure private form

I have read the disclaimer.

Feedback From Satisfied Clients

"The domestic violence and DUI crimes that I was charged with would have ruined my career. Thank you for saving me! You are worth every penny I paid you."

More Testimonials >

Avvo Clients' Choice Award. 5 Stars
5 Star Rating


   Review Us On Google

Office Location

Salt Lake City Office
111 E. 5600 S. #105
Murray, UT 84107

Telephone: 801-651-1512
Fax: 801-255-2134
Salt Lake City Law Office Map



Utah Legislators Debate Legality of DUI Checkpoints


The Utah House voted late last month to ban DUI checkpoints based on concerns regarding the legality of these checkpoints.

The Utah House of Representatives voted late last month to ban drunk driving checkpoints based on concerns regarding whether these checkpoints violate a driver’s constitutional right to be free from unreasonable searches and seizures. DUI checkpoints are used throughout the country to help catch those who are too intoxicated to drive. A typical DUI checkpoint is a type of roadblock that is set up on holidays and weekends and during other times when the number of intoxicated drivers is expected to spike. At these checkpoints, officers often stop every driver to look for signs of intoxication.

A debate concerning the legality of DUI checkpoints has simmered ever since 1990, when the Supreme Court found that "properly conducted" checkpoints were constitutional. The legality of DUI checkpoints continues to be controversial because the Supreme Court’s ruling established an exception to the normal constitutional protection against unreasonable searches and seizures.

In most other contexts, a police officer cannot stop a person without a reasonable suspicion that criminal activity is afoot. Typically, a police officer is also not allowed to begin a search during a stop unless the officer has probable cause to do so.

DUI checkpoints would normally infringe on a driver’s constitutional rights because a driver caught in a DUI checkpoint is stopped without evidence of intoxication and may be subjected to a blood or breath alcohol test without any indication that they are intoxicated.

The Supreme Court created an exception for DUI checkpoints under the belief that the effectiveness of these checkpoints in catching drunk drivers outweighed any infringement on a driver’s rights. Recent data debunks the assumption that DUI checkpoints are effective, however, because half of the states that ban DUI checkpoints appear in the top half of national traffic safety rankings.

"The data shows no correlation between safety with those that do practice checkpoints and those that don’t," said Rep. David Butterfield, who sponsored the bill that would ban DUI checkpoints in Utah.

Butterfield noted that saturation patrols have proven to be far more effective than DUI checkpoints in catching drunk drivers and called for more such patrols.

The measure to ban DUI checkpoints will now move to the Utah Senate.

It should be noted that the DUI checkpoint ban will not impact Utah’s implied consent laws for DUI stops. As a condition of obtaining a driver’s license, Utah drivers are required to consent to blood or breath tests requested by police officers. This means that although police officers may no longer be able to demand a breath or blood test after stopping a driver at a checkpoint, a driver stopped during a saturation patrol or other traffic stop will still be required to submit to a chemical test and cooperate with a DUI investigation. Drivers who fail to cooperate with a DUI investigation may face an 18-month driver’s license suspension, which can be contested by an experienced DUI defense attorney.

Clients with disabilities or impairments

Access to our office is available to clients and their family members at all times. Special equipment and communication devices are available upon request for our clients with visual, hearing, speech and physical impairment. In addition, arrangements can be made for verbal or sign language interpreters if needed to communicate between our attorneys and the client and family. Please notify our law office if any additional accommodations related to your disability or impairment are necessary to make your consultation more comfortable.

I understand that I am contacting a corporation, not an individual, and that if I do business with the law firm, it will be with that corporation, not any individual(s). I understand that Greg Smith and Associates is not the legal name of the law firm, rather, it is "Affordable Legal Advocates, PC." I also understand that whatever may relate to, or arise out of, any communication with the law firm, which results in any type of legal action, such must be brought in the Third District Court of Utah, West Jordan Department, and that this is mandatory not permissive.

We Can Help You Now

Call 801-651-1512   Call Now 24/7 Free Consultation: 24/7, nights & weekends
Typically No Retainer - Easy Payments!*

Use our secure private form

I have read the disclaimer.

Feedback From Satisfied Clients

"The domestic violence and DUI crimes that I was charged with would have ruined my career. Thank you for saving me! You are worth every penny I paid you."

More Testimonials >

Avvo Clients' Choice Award. 5 Stars
5 Star Rating


   Review Us On Google

Office Location

Salt Lake City Office
111 E. 5600 S. #105
Murray, UT 84107

Telephone: 801-651-1512
Fax: 801-255-2134
Salt Lake City Law Office Map




Greg Smith and Associates, Criminal Law Attorneys, located in Salt Lake City (SLC), also represents clients from communities such as Provo, Orem, Payson, Ogden, Park City, Sandy, Draper, West Valley City, Bountiful, Murray, West Jordan, Taylorsville, Farmington, Alta, Bluffdale, Cottonwood Heights, Draper, Herriman, Holladay, Midvale, Murray, Riverton, Sandy, South Jordan, South Salt Lake, Taylorsville, West Jordan, West Valley City and Richfield; and counties including Salt Lake County, Summit County, Tooele County, Sevier County and Davis County, Utah.

Typically No Retainer - Easy Payments. *Call for details.


© 2019 by Greg Smith and Associates. All rights reserved.     Disclaimer  |  Site Map  |  Privacy Policy

Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

The user and reader of this information should beware because although we strive to keep the information timely and accurate, there will often be a delay between official publication of the materials and their appearance in or modification of this system, and every case must be looked at individually. Thus, we make no express or implied guarantees that the information on this site is correct, and it should not be relied upon. The Federal Register and the Code of Federal Regulations remain the official sources for regulatory information published by the Department of Labor, and before you do anything, you should consult an attorney, who can review the specifics of your matter. We will make every effort to correct errors brought to our attention, but laws and regulations are constantly changing, and we may at times even misinterpret them.

×