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

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.

A: That’s a really thoughtful question, and it’s one that touches on how DUI charges can be built—even without test results. In Utah, someone can be charged with DUI based on **observational evidence** alone. That means things like camera footage, eyewitness accounts, and behavior behind the wheel can all be used to suggest that a person was impaired, even without a breath or blood test confirming alcohol or drug levels.

If someone is seen leaving a bar, driving erratically, or involved in a hit-and-run, and witnesses or video support the claim that they appeared intoxicated, prosecutors may still choose to file charges. The lack of a test doesn’t automatically prevent a DUI case—it just makes it more reliant on circumstantial evidence. Slurred speech, stumbling, poor coordination, or reckless driving can all contribute to building a case, especially if documented on camera or reported by credible witnesses.

That said, without physical evidence like a test result, the case may be harder to prove beyond a reasonable doubt. But yes, in Utah, a DUI charge **can still happen** under those circumstances if the evidence points strongly to impairment. It's a reminder of how seriously the law treats public safety on the road—even in cases that rely on human observation.