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A Police Officer Cannot Violate An Individual’s Constitutional Rights By Stopping Them Without Probable Cause

Interviewer: What are some ways that the police would intentionally mess up the reason why they stopped somebody?

Brian Frees: A perfect example would be if you’re driving in a new vehicle or you just got new registration for it and your temporary tag is on the vehicle. As you’re driving along, the officer, may not see a registration visible, he makes the traffic stop, he pulls you over he is approaching the vehicle. The officer may see that you have that temporary tag fixed to the back of your window. It just wasn’t visible for him when they were about to pull you over. At that point in time, that traffic stop should be over, that officer should tell you, I apologize for pulling you over and have you carry on without being detained any further. But if the officer then starts to, question you as to whether or not you have been drinking that night or Where you were going, or doing some other type of investigation. That could be found to be a violation of your constitution rights.

If Field Sobriety Tests are Improperly Administered, they Can be Utilized as a Legitimate Defense in a DUI Case

Interviewer: What kind of defense can you find in the field sobriety tests?

Brian Frees: The field sobriety testing is supposed to be done in a standardized way for it to be accurate. If officers don’t follow the standard procedure, it can be found to be un reliable to the point where it isn’t an accurate indicator, if you were under the influence of alcohol while you were driving the vehicle. Thus the officer may lose their probable cause to arrest you for the violation of driving under the influence.

The Preferred Method of Chemical Testing for DUI in Utah is Breath Testing

Interviewer: Does Utah usually do the breath testing or blood testing? What’s the preferred method?

Brian Frees: In Utah, I think I seen more breath testing than blood testing. The decision is ultimately up to the officer. I think that the training of the officer would suggest that if they suspect that its only alcohol related incident that the breath testing is the testing of the choice. If they are concerned that there is either medicinal or illegal drugs involved, then they would seek the blood testing to ensure there able to get those results back.

The Police Usually Conduct Two Tests the Portable Breath Test and the Breath Test at the Police Station

Interviewer: Do they do a test at the side of the road, or they just do one at the police station. Or do they do 2 tests?

Brian Frees: Officially an officer would get 2 tests. The first test would be a portable breath test, and while the officer may use that to determine If there is a presence of alcohol. If it comes back with a number, that number is admissible in the courts in the state of Utah to show the amount of alcohol you’d be accused of having. For it to be an accurate test admissible in court, it has to coincide with what would be the second test. Usually conducted at the police department or occasionally sometimes they’ll have a setup in a mobile unit.

Refusing a Breath Test in the State of Utah Can Lead to Consequences Including a Longer Driver’s License Suspension

Interviewer: In regards to the breath test, do people refuse the breath test, is there any consequence, and do they get, are they falsely accused of refusing.

Brian Frees: It’s a very big issue, if you refuse to submit to the breath test, once the officer has a reasonable suspicion to pull you over. In probable cause to arrest you for driving under the influence, the implied consent law, by you having a driving license In the state of Utah requires you to submit to chemical tests of the officers choosing. If you refuse to do that, that can result in a much more severe consequence of a longer driver license suspension.

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