Board Certified DUI Defense
Utah DUI Lawyer
Arrested for DUI in Utah? Protect your license first.
Attorney Glen W. Neeley has defended DUI cases across Utah since 1998. Board Certified Specialist in DUI Defense Law. When your license, your record, and your future are at stake, the difference between a general-practice attorney and a dedicated DUI specialist is the difference that matters.
✓ Practicing Since 1998
✓ Board Certified
✓ NCDD Faculty & Delegate
Credentials You Can Count On
Board Certified DUI Specialist
Recognized for advanced knowledge, experience, and dedication to DUI defense law.
NCDD Faculty Member
Selected to help educate and train attorneys in DUI defense strategies.
NCDD State Delegate
Represents Utah DUI defense attorneys and helps support professional standards.
10-Day License Deadline
Utah DUI cases can trigger a separate license hearing deadline.
Call before the window closes. The license case can move before the criminal case is resolved.
What is at stake
What a DUI conviction can cost you
A DUI charge in Utah reaches well beyond the courtroom. Here is what is genuinely on the line.
Driver's License Suspension
The Driver License Division process is separate from your criminal case. Suspension can begin before trial if you miss the hearing request deadline. Commercial drivers face additional CDL consequences.
Jail Time and Fines
First-time DUI convictions carry mandatory minimum penalties that increase with BAC level, prior offenses, and aggravating circumstances. Fines, surcharges, and court costs compound quickly.
Permanent Criminal Record
A DUI conviction appears on background checks for employers, landlords, licensing boards, and government agencies. Many professional licenses require disclosure of criminal convictions.
Ignition Interlock Device
Utah may require an IID on every vehicle you own - at your expense - with strict compliance monitoring and consequences for violations.
Insurance Rate Increases
SR-22 requirements (when driving without insurance) and rate increases typically last three or more years. Some carriers drop coverage entirely, forcing high-risk insurance at significantly higher premiums.
Employment and Career Impact
DUI convictions can disqualify you from jobs requiring driving, security clearances, or professional licensing. Healthcare, education, law enforcement, and transportation have zero-tolerance policies.
Worried about your license or record?
Talk to Glen directly. He reviews the details and tells you where you actually stand.
DUI Defense Is All Glen Neeley Does
Many attorneys handle a DUI case occasionally. For Glen Neeley, DUI defense has been his entire practice since 1998. He understands the science behind breath testing, blood draws, and field sobriety evaluations because he has challenged them in Utah courtrooms for over 25 years.
Board certified in DUI defense and a faculty member of the National College for DUI Defense, Glen handles every case personally. Clients work directly with the specialist - not a paralegal, not a junior associate, not a general-practice attorney who takes the occasional DUI file.
Glen's motivation for practicing criminal defense stems from watching family members struggle with addiction and be cast aside by the system. That experience drives a practice built on standing up for people the government would otherwise discard.
- Board Certified Specialist in DUI Defense Law
- J.D. - Oklahoma City University School of Law
- National College for DUI Defense - Faculty Member and State Delegate
- Practicing DUI defense in Utah since 1998
- Handles cases statewide across all 29 Utah counties
- Expertise in breath testing, blood testing, and field sobriety science
- Author of five books on Utah DUI law and defense
- ✓Board Certified Specialist in DUI Defense Law
- ✓Practicing DUI defense in Utah since 1998
- ✓Faculty member and state delegate, National College for DUI Defense
- ✓Defends DUI cases statewide across Utah
Focused DUI Practice
DUI defense expertise that covers every angle
DUI cases turn on science, procedure, and law. Glen covers all three.
DUI Defense
First-time offenses, high BAC cases, and charges involving accidents or injuries. Glen challenges every element of the state's case from stop to verdict.
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Drug DUI Defense
Drug-related impaired driving charges require different defense strategies than alcohol-based cases. Medical conditions and prescription interactions matter.
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Juvenile DUI
Under-21 charges carry distinct consequences including zero-tolerance BAC limits, license restrictions, and impacts on college admissions and financial aid.
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Federal DUI
DUI on federal property - national parks, military bases, federal buildings - falls under federal jurisdiction with different rules and penalties.
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Expungements
Utah law allows eligible individuals to expunge DUI convictions after meeting waiting periods and requirements. Glen handles the full expungement process.
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Ignition Interlock & IID
Interlock requirements, violations, compliance monitoring, and the interdicted person designation all require specialized knowledge of Utah's IID laws.
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Breath & Blood Testing
Intoxilyzer calibration, blood draw protocols, chain of custody, and lab procedures - Glen challenges the science behind every test result.
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Driver License Hearings
The DLD process runs on strict deadlines separate from your criminal case. Missing the window can mean automatic suspension or revocation.
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E-Bike & Bicycle DUI
Utah law treats DUI on e-bikes and bicycles the same as if you were driving a motor vehicle. You can face the same charges, penalties, and you need additional defense strategies if charged with a DUI on a bicycle.
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Evidence Review
Every DUI case has potential defenses.
Police and prosecutors must follow strict procedure at every step. We pressure-test all of it.
01
Traffic Stop
Was there reasonable suspicion?
02
Field Tests
Were NHTSA protocols followed?
03
Breath / Blood
Was testing and chain of custody valid?
04
Arrest
Was probable cause present?
05
Evidence
Was video and calibration data preserved?
Defense Analysis
Common DUI Defense Issues
These are some of the most frequent issues we investigate to build strong, effective defenses.
Unlawful Traffic Stop
Officers need reasonable suspicion. Without it, everything that follows - field tests, breath results, blood draws - may be inadmissible. Glen reviews dashcam and body camera footage.
Field Sobriety Test Errors
Standardized tests must follow NHTSA protocols exactly. Officer training, test conditions, and medical factors all affect reliability.
Breath Test Inaccuracies
Intoxilyzer machines require calibration and proper operation. Mouth alcohol, GERD, diabetes, and operator errors produce false readings.
Blood Test Chain of Custody
Blood samples must be drawn by qualified personnel, stored properly, and analyzed under strict protocols. Any break in the chain can invalidate results.
No Probable Cause
An arrest without probable cause can suppress all evidence obtained afterward. Officer observations and test results must support the arrest decision.
Medical Conditions
Diabetes, GERD, neurological conditions, and medications can mimic impairment and cause false positive results on chemical tests.
Miranda & Rights Violations
Statements made without proper Miranda warnings may be excluded. Rights violations during questioning or testing affect evidence admissibility.
Missing or Improper Evidence
Dashcam footage, body camera video, and calibration logs must be preserved. Missing evidence supports defense motions to limit the prosecution’s case.
Have Glen review the evidence before you assume the state has a clean case.
Most DUI cases have weaknesses the prosecution counts on you not finding.
10 Days
To Request Your DLD Hearing
After a DUI arrest in Utah, the clock starts immediately. You have only 10 days to request a hearing with the Driver License Division, and missing that deadline can result in an automatic license suspension. Glen files the DLD hearing request as one of the first steps in every case because protecting your license starts the day you call.
Protect Your License. Act Now.
Clock Starts Immediately
DLD Deadline Applies
License Deadline
Your Driver's License Is at Risk - Deadlines Apply
After a DUI arrest in Utah, a separate Driver License Division hearing process begins immediately - independent of your criminal case. Missing the deadline to request a hearing results in automatic license suspension, regardless of what happens in criminal court.
The hearing request window is strict and short. Once it closes, you lose the right to contest the suspension entirely. This is one of the most time-sensitive decisions after an arrest.
- License suspension begins before your criminal case goes to trial
- Strict deadline to request a Driver License Division hearing
- Missing the window forfeits your right to contest
- Driving privileges may be preserved with timely action
- Interlock requirements vary based on circumstances
- Commercial drivers face additional CDL restrictions
Separate Driver License Division hearing process
Strict deadline to request a hearing after arrest
Driving privileges may be preserved with timely action
Case process
How Glen Neeley handles your case
From the first call to resolution, you work directly with a dedicated DUI attorney.
STATEWIDE UTAH
DUI Defense Across Utah
Glen Neeley defends DUI cases in courts statewide. From the Wasatch Front to St. George and surrounding counties, he is ready to help protect your license, record, and future.
DAVIS COUNTY
ADDITIONAL COUNTIES
Need to expunge a past Utah DUI?
Utah law lets eligible drivers clear a DUI after the waiting period. Glen handles the full process.
Utah’s .05 BAC rule
Utah is the only state at .05: you can be charged at a level legal everywhere else.
The 18-month refusal rule
Refusing a chemical test can trigger an automatic 18-month suspension under implied consent and can cause a criminal charge of Refusal.
Act before the deadline
The Driver License Division hearing runs on a strict deadline separate from court.
DUI Defense That Starts with the Science
DUI cases are built on chemical test results, field sobriety evaluations, and officer observations. Each one of those evidence categories has known failure points - from uncalibrated breath testing machines to improperly administered field sobriety tests to traffic stops that lacked reasonable suspicion.
Glen Neeley's practice is built on understanding those failure points. Board certified in DUI defense and trained in the same testing science that law enforcement relies on, Glen evaluates every element of the state's case before recommending a defense strategy. That evaluation often reveals weaknesses the prosecution assumes will go unchallenged.
This is not a practice that handles DUI cases alongside family law, personal injury, and estate planning. DUI defense is the entire practice - and has been since 1998. That level of focus means Glen has seen the variations that matter: the difference between a properly calibrated Intoxilyzer and one that hasn't been serviced, the difference between a textbook field sobriety test and one administered on a sloped parking lot at 2 a.m., the difference between probable cause and a hunch.
Who Needs a DUI Defense Attorney in Utah
If you have been arrested for DUI in Utah, you are facing a criminal charge - not a traffic ticket. The consequences include mandatory minimum jail time, license suspension, fines, an ignition interlock device requirement, and a permanent criminal record. The severity increases with your BAC level, prior offenses, and whether aggravating factors are involved.
Glen Neeley represents individuals across Utah facing:
- First-time DUI charges - including Utah's strict .05 BAC threshold
- DUI with prior offenses - second, third, and subsequent charges with escalating penalties
- High BAC DUI - charges involving .16 BAC or higher, which carry enhanced penalties
- DUI involving accidents or injuries - cases with more serious consequences and higher stakes
- Drug-related DUI (Drug DUI) - charges involving prescription medication, marijuana, or controlled substances
- Under-21 DUI - zero-tolerance cases for drivers under the legal drinking age
- Commercial driver DUI - CDL holders facing career-ending consequences
- Federal DUI - charges on federal property including national parks and military bases
- DUI with ignition interlock violations - IID compliance issues and the interdicted person designation
- E-bike and bicycle DUI - charges involving non-motor vehicles under Utah law
Whether the charge is a first offense or a felony DUI with priors, the defense approach starts the same way: a complete review of the evidence, the procedures, and the science the state plans to use against you.
Utah DUI Law - What Makes This State Different
Utah has the strictest DUI laws in the United States. In 2018, Utah lowered its per se BAC limit from .08 to .05 - the only state in the country to do so. That means a 150-pound woman can reach the legal limit after a single drink. A 180-pound man may reach it after two.
Beyond the BAC threshold, Utah's DUI statute covers impairment from any substance - alcohol, prescription medication, over-the-counter drugs, marijuana, and controlled substances. You do not need to be drunk to be charged. The state only needs to show that a substance impaired your ability to operate a vehicle to the degree you cannot drive your vehicle safely.
DUI Penalties in Utah
| Offense | Jail | Fine | License Suspension | IID Required |
|---|---|---|---|---|
| First DUI (.05-.159 BAC) | 2 days, or 48 hours compensatory service | $700 minimum plus surcharges | 120 days | 18 months |
| First Extreme DUI (.16+ BAC) | 5 days, or 2 days plus 30 days home confinement | $700 minimum plus surcharges | 120 days | 18 months |
| Second DUI (within 10 years) | 10 days, or 5 days plus 30 days home confinement | $800 minimum plus surcharges | 2 years | 2 years |
| Second Extreme DUI (within 10 years) | 20 days, or 10 days plus 60 days home confinement, or 10 days plus treatment | $800 minimum plus surcharges | 2 years | 2 years |
| Felony DUI (third-degree) | 0 to 5 years prison; 60-day jail minimum on probation | Up to $5,000; $1,500 minimum on probation | 2 years | 3 years |
| Felony Extreme DUI (third-degree) | 0 to 5 years prison; 120-day jail minimum on probation | Up to $5,000; $1,500 minimum on probation | 2 years | 3 years |
| DUI with injury | Varies - felony possible | Varies | Varies | Varies |
Penalty ranges are approximate and depend on case-specific circumstances. An extreme DUI means a blood or breath alcohol level of .16 or higher, alcohol at .05 or higher combined with a measurable controlled substance, or two or more non-prescribed controlled substances, which raises the mandatory jail minimum shown above but does not change the offense level. Fines do not include surcharges, court costs, or assessment fees. Glen Neeley can explain the specific penalties you face based on the facts of your case.
Utah's implied consent law requires drivers to submit to chemical testing when lawfully arrested for DUI. Refusing a test can trigger an automatic 18-month license suspension - separate from and in addition to any DUI conviction penalties. This administrative suspension begins through the Driver License Division, not the criminal court.
The Utah DUI Process - From Arrest to Resolution
Understanding the DUI process helps you make informed decisions at each stage. Here is what happens after a DUI arrest in Utah and how Glen Neeley handles each phase.
The Arrest and Booking
After a traffic stop or checkpoint encounter, the officer will conduct field sobriety tests and request a chemical test - breath or blood. If the officer determines probable cause exists, you will be arrested, transported to the station, and booked.
You will receive paperwork that starts two separate legal processes: a criminal case and a Driver License Division administrative action.
The 10-Day Rule - Driver License Division Hearing
This is the most time-sensitive step after a DUI arrest. You have a limited window to request a hearing with the Driver License Division to contest the administrative suspension of your license.
Missing this deadline results in automatic suspension - regardless of what happens in your criminal case. Glen files this request as one of the first actions in every case.
Criminal Court Process
The criminal case moves through arraignment, pretrial conferences, motion hearings, and potentially trial. At arraignment, you enter a plea.
During pretrial, your attorney and the prosecutor exchange evidence and negotiate. If the evidence has weaknesses, defense motions to suppress evidence or dismiss charges are filed before trial.
Sentencing and Post-Conviction
If a case results in conviction - whether through plea or trial - sentencing follows. Utah DUI sentences include mandatory minimums that the judge cannot waive.
However, the specific terms depend on the offense level, BAC, priors, and circumstances. Post-conviction, expungement may be available after meeting waiting period requirements.
What to Expect When You Hire a DUI Defense Attorney
Timing
Contact an attorney as soon as possible after arrest. The Driver License Division hearing deadline is strict and short. Evidence - dashcam footage, booking video, calibration records - is easier to obtain and preserve early. Witnesses remember more. The sooner the defense investigation starts, the stronger the position.
What Glen Reviews
Every DUI case begins with a complete evidence review: the police report, dashcam and body camera footage, chemical test results and calibration records, officer training certifications, field sobriety test documentation, dispatch audio, booking records, and any witness statements. This review determines the defense strategy - not a template approach applied to every case.
How Cases Resolve
Most DUI cases in Utah resolve through negotiation during the pretrial phase. When the defense identifies genuine weaknesses in the evidence - an improper stop, a flawed test, a procedural violation - the prosecutor's position weakens. Some cases justify motions to suppress evidence or dismiss charges. A smaller number go to trial. Glen prepares every case as if it will go to trial, because that preparation is what creates leverage at every earlier stage.
Cost Factors
DUI defense costs depend on the complexity of the case: whether it involves priors, high BAC, accident or injury, commercial license issues, or federal jurisdiction. A free consultation with Glen will give you a clear understanding of what your case involves and what the representation will cost - before you make any commitment.
DUI Defense Questions
What should I do immediately after a DUI arrest in Utah?
Contact a DUI defense attorney before the Driver License Division hearing deadline passes. Do not discuss the case with anyone other than your attorney. Do not post about the arrest on social media. Write down everything you remember about the stop, the tests, and the arrest while the details are fresh.
Can I refuse a breathalyzer or blood test in Utah?
Utah's implied consent law means that by driving on Utah roads, you have agreed to submit to chemical testing when lawfully arrested for DUI. Refusing a test can trigger an automatic 18-month license suspension - longer than the suspension for a first-offense DUI conviction. However, the circumstances of how the test was requested and administered can affect whether the refusal or the results are admissible.
What is Utah's .05 BAC law and how does it affect my case?
Utah lowered its per se BAC limit from .08 to .05 in 2018, making it the strictest in the nation. This means you can be charged with DUI at a BAC level that would be legal in every other state. However, BAC is only one element the state must prove - the accuracy of the test, the legality of the stop, and the procedures followed all matter.
How much does a DUI defense attorney cost?
DUI defense costs depend on the specifics of your case - whether it involves priors, high BAC, accident or injury, commercial license, or other complicating factors. Glen Neeley offers a free initial consultation where he reviews your case and provides a clear fee structure before you commit to representation.
Will I go to jail for a first DUI in Utah?
Utah law requires a mandatory minimum of 48 hours in jail for a first DUI conviction. However, the court may allow alternative sentencing options in some cases. The specific outcome depends on your BAC level, the circumstances of the arrest, and the strength of your defense. Not every DUI charge results in a conviction.
Can a DUI charge be reduced or dismissed?
Yes - when the evidence supports it. If the traffic stop lacked reasonable suspicion, if the chemical test was improperly administered, if the officer failed to follow required procedures, or if constitutional violations occurred, the charge may be reduced through negotiation or dismissed through defense motions. The key is identifying those issues through a thorough evidence review.
How long does a DUI stay on my record in Utah?
A DUI conviction in Utah is permanent on your criminal record unless expunged. Utah law allows expungement of DUI convictions after meeting specific waiting periods and eligibility requirements. The look-back period for purposes of charging a subsequent DUI as a second or third offense is 10 years.
What is the interdicted person designation?
The interdicted person designation is a Utah-specific status that can be applied to individuals with a history of alcohol-related offenses. It prohibits the individual from purchasing alcohol and makes it unlawful to sell or furnish alcohol to the person, and it can affect sentencing and license reinstatement. Glen Neeley handles cases involving this designation and can explain how it applies to your situation.
Defend your DUI charge. Start with the evidence.
Free confidential consultation. Available 24/7. Statewide Utah representation.