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Three Phases of a Utah DUI Arrest: What You Need to Know

Published September 2, 2025 · Updated September 3, 2025

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Three Phases of a Utah DUI Arrest: What You Need to Know

When you’re pulled over on suspicion of DUI in Utah, law enforcement follows a very structured process. Officers are trained using the National Highway Traffic Safety Administration (NHTSA) DUI Detection Manual, a 400+ page guide that breaks a DUI stop into three distinct phases.

Understanding these three phases can help you recognize what officers are looking for, how they build probable cause, and where legal defenses may arise.

Phase One: Vehicle in Motion

The first step of a Utah DUI investigation begins before you even speak with the officer. This is when law enforcement observes your driving behavior to determine if there’s reasonable suspicion—or sometimes even probable cause—to stop or arrest you.

Key driving behaviors officers look for include:

  • Weaving within or outside lane lines
  • Failing to signal or making abrupt lane changes
  • Driving too fast, too slow, or erratically
  • Trouble pulling over promptly or parking crookedly
  • Any violation of Utah law, specifically Utah Traffic Code 41-6a-101

Even seemingly small issues—like hesitating too long before pulling over—can be documented as potential clues of impairment.

👉 Takeaway: Phase One is all about your driving pattern. If officers believe your behavior matches indicators of impairment, they’ll move to the next step.

Phase Two: Personal Contact

Once you’ve been pulled over, the officer enters what’s known as the “Personal Contact” phase. This stage goes far beyond casual conversation—it’s carefully designed to test your divided attention skills, which are essential for safe driving.

According to the NHTSA, divided attention means handling multiple tasks at once—like steering, braking, scanning traffic, and processing information. Alcohol and drugs impair this ability, so officers use simple but revealing techniques to test it.

Common divided attention tasks include:

  • Asking for license and registration at the same time
  • Posing unusual or unexpected questions
  • Having you count backward from an odd number
  • Finger-counting tasks (touching thumb to each finger while counting up and down)

Meanwhile, the officer observes for sensory clues such as:

  • Bloodshot or watery eyes
  • Slurred or mumbled speech
  • Fumbling with documents
  • The odor of alcohol or marijuana

Even small mistakes—like dropping your license, pausing too long before answering, or forgetting instructions—can be written into the officer’s report as signs of impairment.

Phase Three: Pre-Arrest Screening

If the officer suspects impairment after the first two phases, the stop escalates to Pre-Arrest Screening. This is where field sobriety tests (FSTs) are administered.

In Utah, standardized FSTs are given in a specific order:

  1. Horizontal Gaze Nystagmus (HGN): The officer checks your eyes for involuntary jerking while following a stimulus, such as a pen or flashlight. This test is considered the most reliable indicator of alcohol impairment (though not drugs).
  2. Walk and Turn: You’ll be asked to take heel-to-toe steps in a straight line, turn, and return while following instructions. Balance, coordination, and divided attention are all being evaluated.
  3. One-Leg Stand: Standing on one foot while counting aloud tests both balance and concentration.

Some officers, especially those on DUI task forces, become highly skilled at interpreting these tests. However, field sobriety tests are not foolproof. Medical conditions, anxiety, or even roadside conditions (gravel, poor lighting, uneven surfaces) can affect results.

Why These Phases Matter in a Utah DUI Case

Every DUI stop in Utah follows this structured process:

  1. Vehicle in Motion – The officer observes your driving.
  2. Personal Contact – The officer evaluates your divided attention and physical cues.
  3. Pre-Arrest Screening – Standardized field sobriety tests are performed.

Understanding these phases is crucial because they form the foundation of the prosecution’s case. If an officer deviated from proper training, failed to establish probable cause, or conducted flawed sobriety testing, your Utah DUI attorney can challenge the evidence.

FAQs About Utah DUI Arrests

1. What is “reasonable suspicion” in a DUI stop? Reasonable suspicion is the legal standard that allows an officer to pull you over if they observe specific, articulable facts suggesting a traffic violation or impairment.

2. Can you refuse field sobriety tests in Utah? Yes, you can refuse standardized field sobriety tests. However, refusal may still factor into the officer’s decision to arrest.

3. Are field sobriety tests scientifically reliable? The NHTSA considers HGN, Walk and Turn, and One-Leg Stand standardized tests. While they are widely used, they are not 100% accurate and can be influenced by non-alcohol-related factors.

4. What happens if I fail a field sobriety test? Failing one or more tests usually leads to arrest and further testing, such as a breathalyzer or blood draw.

5. Do officers always use the same order of field sobriety tests? Yes, in Utah, standardized FSTs are performed in a set order: HGN, Walk and Turn, then One-Leg Stand.

6. How can a DUI attorney challenge these phases? An experienced attorney can question whether the officer followed NHTSA protocol, whether probable cause was truly established, and whether the tests were properly administered.

Speak with a Utah DUI Attorney Today

📞 Call or Text Utah DUI Attorney Jake Gunter at (801) 373-6345 for a free phone consultation. Protect your rights and get experienced help immediately.

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