Utah Police Officer Receives Ticket for DUI?

Being a DUI lawyer in Jacksonville, I am very familiar with Florida’s laws on the subject. The state of Utah apparently has different procedures to deal with impaired drivers. A police officer in West Valley City, Utah, was pulled over for suspicion of driving drunk. The highway patrol reported that Kory Newbold was speeding and illegally changed lanes. Once he was pulled over and observed by the trooper, he was asked to perform field sobriety tests. He performed poorly and refused to blow at the scene. Instead of being arrested for DUI and taken to jail, Newbold got a ticket for DUI.

In Jacksonville and all over Florida, you do not have the option to blow into a portable breathalyzer at the scene. Florida has found that these machines are not reliable and the only legal machines to blow into are at the police station. In Jacksonville, by the time you are given the opportunity to blow, you are already under arrest and no matter what you blow, you will have a pending DUI, have to bond out of jail, and fight your case.

Unfortunately if you are in Florida, once a police officer makes a decision to arrest you for DUI, you will not get a ticket, but will be put in handcuffs and transported to jail.