SANDY — A convicted drunk driver and former defense attorney with a history of DUI arrests faces a new DUI charge.

Jeffrey Gallup, 40, of American Fork, has been convicted of at least two previous DUIs and was released from prison less than six months ago. He was pulled over in Highland at 2:45 a.m. on Sept. 1 after a police officer noticed him cross out of his lane, according to charges filed in 4th District Court.

Gallup was pulled over and the police officer said he smelled an odor of alcohol "as well as other signs of impairment," the charges state.

"In this particular case, these standard field sobriety (tests) were conducted, and he failed them and he was subsequently taken into custody," said Lone Peak Police Lt. Brian Gwilliam.

Police said Gallup has a valid license but is alcohol-restricted, meaning he has to have an interlock ignition device, or a breathalyzer system that acts like a key. But when Gallup was pulled over, he didn't have the device, the charges state, and he refused to provide a breath or blood sample to measure his blood alcohol level.

"There were some difficulties having the individual cooperate," Gwilliam said. "The officers followed our protocol and got a search warrant for the individual's blood, and his blood was drawn."

Gallup was booked into the Utah County jail for investigation of DUI. The results on the blood draw are still pending, but charges have now been filed against him.

Gallup was charged with driving under the influence of alcohol and/or drugs, a third-degree felony, and four misdemeanors including operating a vehicle without an ignition interlock system. 

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He was charged with DUI in November 2007 and May 2009, and was sentenced to zero to five years. Gallup was a defense attorney until his law license was suspended by the Utah State Bar after he was sent to prison in 2009.

"Where he has had that legal background and continues to re-offend, it's a concern to us," said deputy Utah County attorney Craig Johnson.

Prosecutors say if Gallup is convicted in this latest case, they will seek prison time. "We cannot tolerate multiple DUI offenders and especially ones who have been to prison," Johnson said.

Gallup posted bail Monday and was released from jail. He's set to return to court on Sept. 19.