A new bill is being considered by the Utah state legislature this session which may lead to the banning of DUI checkpoints in Utah. Many Provo lawyers have been calling for the ban on these methods for years. Every year in Provo, Utah County, and throughout the state, DUI check points are set up in order to aid police in making arrests on drunk drivers. The Utah Supreme Court as well as the United States Supreme Court have upheld checkpoints as constitutionally sound practices as long as certain retirements are met. However, many individuals including many Utah law makers consider these checkpoints to be unconstitutional because they amount to a warrantless search without probable cause. Others argue because the courts have found them to be ok, lawmakers should leave it alone. However, other states have already banned DUI and other checkpoints and it seems likely that this bill will pass and Utah will soon follow suit with good reason. DUI checkpoints are a relatively new concept in the law that has garnered little support from private citizens. Certain groups, including Mothers Against Drunk Driving, are lobbying hard on capitol hill this week to fight against the proposal.
Provo DUI Attorneys
At our law firm, our team of Provo DUI attorneys have helped many individuals in Utah County and throughout the state of Utah who have been arrested and charged with drinking and driving after being stopped at a DUI checkpoint. We understand that laws related to this practice and know what it takes to put forward your best defense. In order for a checkpoint to be legal, a judge must approve a plan of the checkpoint, it must be advertised to the public prior to being set up, and there must be road signs directing people into the checkpoint. In some cases law enforcement fail to follow these procedures and any subsequent stopped or arrests may later be determined to be illegal.
DUI Charges in Utah
If you have been charged with a DUI in Utah whether through a checkpoint or otherwise, you need a lawyer to help ensure your rights are protected and you put forward the possible defense. DUI charges in Utah carry severe penalties including the possible loss of your driving privileges. Get a Provo Criminal Defense Attorney on your side today. We have the experience and dedicated to fight your case and ensure you have your fair day in court. Call us now at 801-900-3717.