Driving Under the Influence (DUI) Mistakes the police can make and how this can help you in your DUI defense.

Mistakes the police can make on a DUI in the State of Utah:

• Stopping a vehicle on the basis of an anonymous call. An officer can not rely on a phone call to stop you, if he does not have a name and address for the caller.

• Following a driver into his residence without an invitation or without enough information to justify the entry. Your home is protected under the fourth amendment.
  

• Detaining a driver longer than is reasonable to investigate. The constitution does not allow officers to hold you without limit.
  

• Stopping a vehicle without an particularly suspicion. An officer can not stop you just because he thinks you are suspicious.
  

• Stopping a vehicle because it stops in the middle of the street or it is driving too slow. Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is not lawful for an officer to stop you.
  

• Weaving within a lane. The statute only requires you to drive as nearly as is practible within a single lane. Some cases hold that one weave into the shoulder is not enough reason for a stop.
  

• Failing to follow the rules of the Department of Public Safety and Intoxilyzer operation manual. These failures may invalidate any alcohol testing.
  

• Stopping at an improper roadblock. There are guidelines that must be followed to validate the stop.
  

• Stopping a vehicle just to check the driver's license and registration. There must be an actual traffic violation or an articulable suspicion of a crime.
  

• Stopping a vehicle without being able to identify it as the one actually committing a traffic infraction. Officers must be able to convince the Court that they stopped the right car.
  

• Stopping a vehicle for no reason at all. It's done. Officers usually do not show up in Court on these.
  

• Blocking a vehicle's exit without justification. Officers may not restrict a drivers freedom to leave without a reason.