Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409 now for help protecting your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

DUI Defense in Utah - Warrants

Assuming that police unconstitutionally arrest a person for DUI without probable cause, is that Fourth Amendment violation cured if the police subsequently obtain a warrant to draw blood from the suspect?

Salt Lake Davis Weber DUI LawyerRecent case decisions have caused some confusion on what effect a warrant will have on the admissibility of evidence discovered as a result of an unconstitutional search or seizure. This area of law is continually developing. If you are facing prosecution for DUI or other criminal charges in Utah, the assistance of an experienced criminal attorney is vital. Contact us today to see how we can help you.

Utah v. Strieff Analysis

The United States Supreme Court in the case of Utah v. Strieff addressed an issue similar to but distinguishable from the question of whether a warrant for a blood draw can cure an initial traffic stop that was made in violation of the Fourth Amendment. If the defense to a DUI charge is based on a Fourth Amendment violation, understanding how the opinion in Strieff can be distinguished is critical.

The facts in Strieff involved a suspect who was initially stopped by a police officer who acted without reasonable suspicion or probable cause to believe a crime had occurred or was about to be committed. Following the unlawful stop and as a result of the unconstitutional detention of the suspect, the officer discovered that there was an outstanding warrant to arrest the suspect on an unrelated case. The officer proceeded to place the suspect under formal arrest and to conduct a search incident to arrest. During that search, drugs were found on the suspect. The discovery of the drugs led to the filing of new criminal charges.

Utah Criminal Lawyer - Fourth AmendmentThe Supreme Court in Strieff held that the outstanding arrest warrant was an intervening circumstance that served to attenuate the officer's initial illegal detention of the suspect. Critical to the Court's analysis was the fact that the arrest warrant in Strieff was a valid, pre-existing warrant that had nothing to do with the officer's unlawful detention of the suspect. As such, the Court held that the search conducted incident to the arrest on the pre-existing warrant was sufficiently attenuated from the initial unlawful stop. The court thus reversed the lower courts decisions that had found the search unconstitutional and had granted Strieff's motion to suppress. The search and conviction were both upheld.

Applying Strieff to DUI Defense in Utah

It is common practice for police in a Utah DUI case to obtain from the court a warrant to draw blood from a DUI suspect when that person has refused to consent to a chemical test for the detection of alcohol or drugs. Such a warrant must be supported by probable cause to believe that the person has violated one of Utah's DUI laws.

Most often, evidence to support a finding of probable cause is obtained during the police officer's interactions with and observations of a driver following a traffic stop. Statements made by the driver following the traffic stop can also contribute to the evidence supporting a probable cause finding. If the totality of the evidence supports a finding of probable cause to believe that the suspect has committed a criminal DUI violation, the court may issue a warrant allowing the police to forcibly obtain a blood sample from the suspect.

Even assuming that the warrant was validly supported by probable cause, the admissibility of the test results can still be challenged if the initial traffic stop was unconstitutional. To determine whether a constitutional challenge and motion to suppress are viable, an attorney should look closely at the initial basis for the stop, the scope of questioning by the police officer, and the duration or length of the stop. If the officers actions were not properly supported by evidence and information available to the officer at the time, then evidence found to be "fruit of the poisonous tree" can be suppressed by the court.

Some prosecutors in Utah have argued that the Supreme Court's opinion in Strieff allows a police officer in a DUI case to cure an unconstitutional traffic stop by subsequently obtaining a warrant to draw the suspect's blood. This position is not consistent with the decision in Strieff.

In a DUI case, the warrant for a blood draw is the direct result of the officer's actions in stopping, detaining, and questioning the DUI suspect. The warrant is usually only obtained following the arrest for DUI. If the initial stop was not supported by reasonable suspicion, if the scope or duration of the initial stop was unconstitutionally expanded, or if the arrest was not properly supported by probable cause, then the warrant for the blood draw is the direct result of those unconstitutional actions. The warrant itself should be viewed as fruit of that poisonous tree, and any evidence obtained as a result of the warrant should be subject to suppression..

The arrest and search incident to arrest in Strieff were approved because the arrest warrant existed previously to and independently of the unlawful detention of the suspect by police. Although the Court acknowledged that the initial detention of the suspect by police was not constitutionally supported, the Court held that the previous existence of an otherwise valid warrant was an intervening factor that cured the initial constitutional violation. The independent warrant served to attenuate the subsequent arrest and search from the initial unconstitutional detention.

In a DUI case based on an initial unconstitutional stop or detention, the warrant for a blood draw typically comes about as a direct result of the unlawful and unconstitutional detention or arrest of the suspect. The blood draw warrant is not and should not be treated as an "intervening warrant" or an "intervening circumstance." It does nothing to attenuate the connection between an unconstitutional arrest and the evidence obtained as a result of the warrant. Instead, the warrant is a direct link in the chain of unconstitutional conduct.

Finding a Criminal Defense Lawyer in Utah

Salt Lake Davis Weber Defense LawyerIf you are facing prosecution for DUI or other criminal charges in Utah, the assistance of an experienced criminal defense attorney can be vital to a successful defense. Contact us today to see what the right criminal lawyer can do for you.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • 402 Reduction Lawyer Utah 2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Criminal Defense Strategy

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Defending against a criminal prosecution in Utah is a job that has to be done right the first time. Choosing the right attorney to defend you can be the most important decision you make. Our attorneys have extensive experience handling some of the most serious felony and misdemeanor charges on the books in Utah. No matter what charges you are facing, we can help....

Experience »
Conviction Consequences - Utah Criminal Defense

In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.