When you are stopped by the police on the roadside, it is important to know your rights and to understand what you are required to do and when you are able to say, "No thank you, officer." The following are general guidelines that may vary with the situation.
Required During at Police Stop
You are required to produce a valid driver license, proof of insurance, and proper registration.
Not Required During at Police Stop
You are not required to provide information or make a statement beyond providing your basic identifying information. You do not have to disclose the details regarding your travel plans or itinerary.
You are not required to sit in the officer's car unless or until you are formally placed under arrest.
You can refuse a request to search your vehicle.
You can refuse a request to allow a dog to search the outside or inside of your vehicle.
Also, refusing to take a chemical test can result in the suspension of your driving privilege.
Silence is Golden
Saying as little as possible is generally to your advantage. It is tempting to think you can talk your way out of trouble, but it generally does not work. Prosecutors—not police officers—make decisions about who will be charged and who will be given leniency. The less that is said, the better.
Firmness: Politely Decline an Officer's Request
Officers are trained in methods designed to manipulate motorists into consenting to be searched and to make statements potentially incriminating themselves. You can, and in most cases should, politely decline an officer's request to search. You should also calmly and courteously refuse to provide any information.
Respect Law Enforcement
Belligerent or combative attitudes draw attention and are used by law enforcement as a basis to justify further search and detention. On the roadside, the officer always has the advantage. The time and place to assert your rights and to contest the authority of the officer is usually reserved for the courtroom. Firmly saying "no" in a respectful manner generally sets the case up for the best legal result.
The importance of being aware of your rights cannot be understated. These rights are the protection against overreaching police and prosecution.
Fourth Amendment
This guards against unreasonable searches and seizures and requires that a search warrant supported by probable cause be issued by a judge before any searches are done.
Fifth Amendment
This protects citizens against abuse of government authority in any legal proceeding. It guarantees citizens the right to remain silent and to not speak to the police.
Sixth Amendment
Ensures the right to an attorney in any criminal prosecution. If you cannot afford to hire your own, the court must appoint a lawyer to represent you.
More questions? See a list of our other areas of practice in the state of Utah for criminal offenses.
Frequently Asked Questions: Utah Rights During a Traffic Stop
1What documents am I legally required to show during a Utah traffic stop?
In Utah, you are legally required to provide three documents: a valid driver's license, proof of vehicle insurance, and vehicle registration. The duty to carry and present proof of insurance is governed by Utah Code § 41-12a-303.2, while § 41-12a-301 establishes the underlying requirement to maintain owner's or operator's security. Utah Code § 76-8-301.5 separately requires you to disclose your name and date of birth when lawfully stopped by an officer. While you must provide these documents and identifying information, you are not obligated to answer conversational questions about your day or destination.
2Can I refuse a vehicle search if an officer asks?
Yes. Under the Fourth Amendment, you have the right to refuse a consent search. However, if an officer has probable cause — such as the smell of illegal substances or visible contraband — they may search your vehicle without a warrant under the automobile exception. You should clearly state, "I do not consent to a search," to preserve your legal rights for court, even if the officer proceeds anyway.
3How do I properly exercise my right to remain silent?
While the Fifth Amendment protects you from self-incrimination, the Supreme Court has ruled that you must affirmatively invoke this right — in other words, you must speak to invoke your right to remain silent. To properly protect yourself, politely state: "I am exercising my right to remain silent and would like to speak with an attorney." Once invoked, it is imperative not to answer any further questions, as doing so can negate your invocation. Beyond providing your identifying documents, you do not have to answer further questions.
Yes. According to Supreme Court precedent in Pennsylvania v. Mimms, an officer may legally order a driver or passenger out of a vehicle during a traffic stop for officer safety. While you are generally not required to sit in a patrol car for a minor citation, refusing an officer's direct order to exit or relocate can be charged as interfering with a peace officer under Utah Code § 76-8-305.
5What are the consequences of refusing a DUI breath or blood test in Utah?
Under Utah's implied consent law (Utah Code § 41-6a-520), by driving on state roads you have already agreed to submit to chemical testing if an officer has reasonable grounds to suspect impairment. The consequences differ depending on whether you submit or refuse:
If you submit to testing and are convicted of a first-offense DUI under § 41-6a-509, the Driver License Division (DLD) will suspend your license for 120 days per § 53-3-223.
If you refuse a breath, blood, or urine test after a lawful arrest, the DLD will automatically suspend your license for 18 months for a first offense under § 53-3-223 — regardless of whether you are ever convicted of a DUI in court.
In both cases, the administrative suspension occurs independently of any criminal proceedings. The implied consent law does not apply to preliminary breath tests conducted at the scene with a portable breathalyzer.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
