There is a new article out right now that asks whether or not a Field Sobriety Test in Utah can be considered a “warantless search”.
There is one case in particular pending in a Georgia court that is asking the court to reconsider its decision on a DUI conviction based on the fact that some of the convicting evidence was based on a Field Sobriety Test that could be considered a warantless search.
In Utah and Salt Lake City the way that a search works in order for it to be legal is that an officer needs to have probable cause AND a search warrant before being able to conduct their search. If a search is conducted without these two things it can be considered a violation of that person’s 4th amendment rights.
During DUI stops in Salt Lake City and throughout the sate of Utah police officers often ask people who have been pulled over and that are suspected of driving under the influence of alcohol or drugs to submit to Field Sobriety Tests.
As we have discussed in the past. There are numerous times during a Field Sobriety Test where Salt Lake City police and Utah law enforcement are known to make mistakes, but often times the results of these tests are used as a main piece of evidence against you during a DUI conviction hearing.
If the law changed to require a police officer to obtain a search warrant before administering the Field Sobriety Test to Utah drivers that have been pulled over for a possible DUI than it also might make it harder for these tests results to be used against you if you are charged with a DUI in Utah.
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