Q: Can I be charged with a felony DUI in Utah if my granddaughter was present?
I was arrested for a felony DUI at my home in Utah. The police arrived as I was walking to my front door and followed me inside without a warrant or my permission. My daughter reported me for a DUI. They conducted a breathalyzer test inside and arrested me. They are trying to charge me with a felony DUI because my underage granddaughter was with me at the time. Can I be charged with a felony DUI under these circumstances?
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A:
Yes, you can be charged with a felony DUI in Utah if a child under 16 was in the vehicle at the time of the offense. Utah law increases DUI charges to a felony when certain aggravating factors are present—having a minor passenger is one of them, especially if it’s not your first DUI offense.
However, the way the arrest was handled raises some serious legal questions. If the police entered your home without a warrant, without your consent, and without an emergency situation (known legally as "exigent circumstances"), that could be a violation of your Fourth Amendment rights. Any evidence they obtained inside your home—like the breathalyzer test—might be challenged in court and potentially thrown out.
It’s also worth looking into how your daughter’s report was used and whether it gave officers legal grounds for their actions. The timeline—arriving as you walked to the door, following you in—matters a lot in determining if the entry was lawful. Your case may depend heavily on these small but critical details. You’re not without options here, and it may be possible to fight the charge or reduce it, especially if your rights were violated.
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