Recent Blog Posts
What Will Happen to My DUI Case if I Refused a Breathalyzer?

Refusing a breath test in Utah does not end a DUI case. Police can use other evidence of impairment, and prosecutors can mention the refusal in court. You also risk license revocation, even without a conviction. Police can ask a judge for a warrant to draw your blood. If a judge issues the warrant and police give you the required warning, refusing the blood test can lead to a separate charge. If you’ve been charged in 2026, our Salt Lake City DUI defense lawyers can address both proceedings.
What Happens Under Utah's Implied Consent Law if You Refuse Testing?
Under Utah Code § 41-6a-520, driving in Utah means you agree to testing if police have reason to suspect a DUI. These can include breath, blood, urine, or oral-fluid tests. Officers decide which tests to request. Refusing one can count as refusal even if you agree to another. If you refuse a chemical test requested after your arrest, police must warn you about the penalties for refusing.
Can Police Search Your Phone During a Utah Sex Crime Investigation?

Police typically need a warrant to search your phone in Utah in 2026, even during a sex crime investigation and even after an arrest. The United States Supreme Court held that cell phones are different from other items a person carries. Utah adds its own statutory protections for electronic data. Consent and certain exceptions can permit searches without a warrant. Our Davis County sex crimes defense lawyers can review whether the search in your case was lawful.
Do Utah Police Need a Warrant to Search Your Cell Phone?
In Riley v. California, the Supreme Court held that police need a warrant to examine digital information on a phone seized during an arrest. Phones hold an enormous volume of personal information, including messages, photographs, location history, browsing records, and account access. That makes a phone search far more intrusive than looking through a wallet or a pocket.
Fighting a Drug Paraphernalia Possession Charge in Utah

A drug paraphernalia charge in Utah can result from items police believe are connected to drug use. However, whether an object legally qualifies as paraphernalia depends on the facts surrounding its possession and use.
If you are facing a paraphernalia charge in 2026, Salt Lake City drug crimes defense lawyers can review the evidence and explain what you can do to fight the allegations.
What Counts as Drug Paraphernalia in Utah?
Under Utah Code § 76-18-304, it is illegal to use drug paraphernalia or possess it with plans to use it for illegal drug activity. This includes taking drugs or producing, processing, storing, hiding, or preparing them. The object has to qualify as paraphernalia, and you have to have intended to use it with controlled substances.
Why Sober Drivers Can Fail Field Sobriety Tests in Utah
Sober people fail field sobriety tests all the time. These roadside tests measure balance, coordination, and the ability to follow spoken instructions while being watched. Dozens of things besides alcohol affect all three. Failing one is not proof of impairment, and it does not mean your case is over.
If you were arrested for DUI after a roadside test in 2026, a Davis County, UT criminal defense lawyer can examine how the test you took was given and scored.
Why Do Sober People Fail Field Sobriety Tests?
Sober drivers fail field sobriety tests because the tests were never designed to separate impairment from every other cause of poor balance. Common explanations include:
-
Inner ear problems, vertigo, or any condition affecting equilibrium
-
Back, knee, hip, or ankle injuries, including old ones
What Is Unlawful Sexual Conduct With a Minor in Utah?
Unlawful sexual conduct with a minor is a specific Utah crime that applies when a person who is seven or more years older than a 16- or 17-year-old engages in certain sexual conduct with that minor. It is different from other sex offenses because it focuses heavily on the age gap between the two people involved. Utah has separate laws that apply to sexual activity or sexual touching involving younger minors, including 14- and 15-year-olds.
If you are facing this charge in 2026, our Salt Lake City sex crimes defense lawyer can help you understand exactly what the state has to prove and talk about the defenses that apply to your case.
What Does Utah Law Say About Unlawful Sexual Conduct With a Minor?
Under Utah Code Section 76-5-401.2, a person commits this crime if they are seven or more years older than a minor who is 16 or 17 years old. It lists specific sexual conduct with that minor, as long as the situation does not already amount to a more serious offense like rape or forcible sexual abuse.
What Are the Penalties for Drug Possession in Utah?
Penalties for drug possession in Utah vary depending on the type of substance, the amount in some cases, and a person's prior convictions. Simple possession can range from a Class B misdemeanor to a second-degree felony under current Utah law.
If you're facing this type of charge in 2026, our Davis County, UT criminal defense lawyers can help you understand what you're up against and build a strong defense.
How Does Utah Classify Controlled Substances?
Under Utah Code Section 58-37-108, controlled substances are organized into five schedules. The schedule of the substance can affect the severity of a possession charge.
Under Utah Code § 76-18-207, it is illegal to knowingly possess or use a controlled substance unless it is legally authorized, such as through a valid prescription. Penalties depend on the drug, the amount, and prior convictions. Charges can range from a Class B misdemeanor to a second-degree felony.
What Makes a Sexual Assault Charge Aggravated in Utah?
A sexual assault charge becomes aggravated in Utah when certain factors are present during the offense. Using a weapon or causing serious bodily injury to the victim are common examples. These aggravating factors can turn an already serious charge into one carrying dramatically harsher penalties.
If you're facing an aggravated sexual assault charge in 2026, our Salt Lake City criminal defense lawyers can help you understand what the state has to prove. Together, we can work on a defense strategy that best suits the details of your case.
How Does Utah Define Aggravated Sexual Assault?
Under Utah Code Section 76-5-405, aggravated sexual assault applies when certain aggravating circumstances accompany these offenses: rape, object rape, forcible sodomy, forcible sexual abuse, or an attempt to commit one of these offenses. Depending on the underlying offense, aggravating circumstances can include:
Did Police Have the Right to Search My Car During a DUI Stop?
Police only have the right to search your car during a DUI stop under specific circumstances. Searches conducted outside the boundaries may be challenged in court. Feeling like an officer went through your vehicle without a real justification is unsettling, but we explain how it may affect your case. If you’re facing a DUI charge in 2026, our Davis County, UT DUI defense lawyers will review the details of your stop. We’ll help you understand whether the search that led to your charges was actually legal.
What Constitutional Protection Applies to Car Searches in Utah?
The Fourth Amendment protects you from unreasonable searches and seizures. This protection extends to your vehicle just as it does to your home. The rules are somewhat different for cars, though, given their mobility.
Can I Get My Drug Charge Dismissed in Utah?
It is possible to have drug charges dismissed in Utah. The state has to prove every element of the offense beyond a reasonable doubt. With the right attorney, you can access legal strategies that might lead to a dismissal or a significant reduction in charges. If you are facing a drug charge in 2026 and wondering whether there is a way out, the Salt Lake City drug crimes defense lawyers at Collins Rupp, P.C. can help you build the most appropriate defense for your case.
Did Police Violate the Law During the Investigation in Your Drug Case?
Before police can search you, your house, or your car, they generally need a warrant or a legally recognized reason to search without one. That protection comes from the Fourth Amendment. When officers skip that requirement and search anyway, the evidence they find may not be allowed in court.
Can You Avoid Prison for a Utah Sex Crime?
Some Utah sex crime charges carry mandatory prison sentences that leave very little room for any other outcome. Others may allow for different results depending on your history, the circumstances of the offense, and what your attorney can accomplish on your behalf. If you are facing a sex crime charge in 2026, the Davis County, UT criminal defense lawyers at our firm can help you understand what you are up against.
What Are the Most Common Sex Crime Charges in Utah?
Utah law covers many different offenses under the category of sex crimes. How serious the charge is and what the penalties are depend on the specific offense, the age of the alleged victim, and other details about what happened.
Common sex crime charges in Utah include:
- Rape (Utah Code Section 76-5-402) is a first-degree felony carrying five years to life in prison.

385-777-2753










