The Police Officer that Administers the Tests Must Also Testify

The U.S. Supreme Court recently made a landmark ruling that has significant bearing on all criminal defense cases across the United States and in your Utah DUI Defense. The decision issued by the Court states that when trying to prove a criminal fact, the individual who performed the test to determine the fact must also be the one to testify in Court, and other experts or substitutes may not be used. This ruling also applies to law enforcement officers who use radar guns to determine a driver’s speed.

For example, what this means in a DUI test is that if a person arrested for suspicion of DUI fails a breathalyzer test, the police officer who administered the breathalyzer must be the one to testify in Court. This new ruling would exclude anyone else from testifying in court on the matter, whether it is a colleague, a witness to the test administration, or any other individual.

According to the Sixth Amendment to the United States Constitution, a person has the right “to be confronted with the witnesses against him.” The United States Supreme Court interpreted this clause to mean that while testimonies of witnesses received outside the courtroom may be used during criminal proceedings, actual evidence such as lab reports and breathalyzer results, as used in the example above, must be presented by the person who administered the test in the first place. The only exception to this rule is if both the prosecution and the defense agree beforehand to allow some other person to testify in place of the test administrator.

Utah DUI Defense Legal Representation

If you have been arrested for DUI in Utah or have questions about Utah DUI defense representation, you deserve the knowledge and expertise of the Utah DUI Defense Attorneys at Bostwick & Price, P.C. www.bostwickprice.com

Suppression of Utah DUI Evidence

In a DUI situation in Utah, an officer typically stops, detains, questions and arrests a person.  During these stages of the DUI investigation, protections afforded under the 4th, 5th and 6th amendments to the United States Constitution apply.  An experienced DUI defense lawyer will look closely at the events as they occurred to make sure the arresting officers did not violate any of his clients rights.

The 4th Amendment to the US Constitution and the Arizona Constitution protect persons from unreasonable and unwarranted Searches and Seazures by the Government. This includes Police officers.  When a person is stopped by an officer in a DUI case, this constitutes a siezure and there must be a traffic violation or reasonable suspicion of criminal activity to justify this stop.  Officers will then detain and search and again there are constitutional requirments that they must follow.  When a person is arrested, probable cause that a crime has been or is being committed is required.  This is also required before DUI blood or breath testing (constituiting a search) can be required.

The famous "Miranda" case which came out of Arizona, details the protections afforded under the 5th Amendment.  A person being detained for suspicion of criminal activity has the right to remain silent and the right to an attorney.  Police officer's are required to notify you of these rights if you are detained and questioned. 

The 6th amendment gives a suspect in a criminal or DUI investigation an additional right to an attorney.  In the context of a DUI case, a person who has been stopped for DUI should ask to talk to a defense lawyer.  Police officers must give a reasonable

opportunity to make the call to a lawyer.

When an officer does not follow these constitutional rules an experienced DUI defense lawyer can fight to have evidence suppressed and the charges dismissed.  The Utah DUI Defense Attorneys at Bostwick & Price, P.C., www.bostwickprice.com ,evaluate each case looking for any violations that the officers may have made.  The Utah DUI Defense team at Bostwick & Price, P.C. will interview the officers involved in the DUI stop and investigation to pinpoint what actually occurred and fight to suppress any DUI evidence that resulted from a violation of our client's rights.

Utah DUI Defense Legal Representation

If you have been arrested for DUI in Utah or have questions about Utah DUI defense representation, you deserve the knowledge and expertise of the Utah DUI Defense Attorneys at Bostwick & Price, P.C. www.bostwickprice.com