Supreme Court of the United States · Official docket →
Dean Spencer v. Utah
IFP petition · Court of Appeals of Utah, No. 20230863-CA · judgment May 8, 2025
Certiorari denied · February 23, 2026
Question presented
- In an alcohol DUI prosecution where the only question was if Mr. Spencer’s BAC was above Utah’s then-applicable per se threshold of 0.08, two toxicologists testified to Mr. Spencer’s BAC according to their respective toxicological analysis. One testified that his BAC was 0.79, and the other testified that it was 0.08. Both testified that both results were within known measurement errors and were correct measurements. The question is whether this evidence was sufficient to find beyond a reasonable doubt that Mr. Spencer’s BAC was 0.80 or above.
Counsel of record
For petitioner
Dallas Brent Young
Utah County Public Defender Association
For respondent
Alexandra Herlong
Utah Attorney General's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 23 2026Petition DENIED.
- Jan 22 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 09 2026Waiver of right of respondent State of Utah to respond filed.
- Nov 25 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 8, 2026)