Heber, UT asked in Criminal Law and DUI / DWI for Utah

Q: Can DUI charges be made in Utah based on footage and eyewitnesses, without tests?

In a hypothetical situation in Utah, if someone is involved in a hit and run accident shortly after leaving a bar, can they be charged with a DUI based on camera footage and eyewitness accounts, even without numerical tests like a breathalyzer or blood test? No additional evidence such as bar receipts or specific identification methods by authorities is currently available.

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1 Lawyer Answer

A: Yes, they can be charged. However, it would definitely be a difficult case for the prosecutor to prove. Just because someone is charged with a crime, it doesn't mean the prosecutor can prove it. You should consult with an attorney about the specifics of the case to see what your best options are.

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