SALT LAKE CITY (ABC4) — Kent Barlow, the man charged with killing two Eagle Mountain boys in a fatal DUI crash last May, is now claiming the blood and urine samples taken during a drug test after the incident were taken illegally.

Barlow, 25, reportedly tested positive for methamphetamine at the time of the accident and was allegedly traveling at speeds of over 100 mph. One passenger allegedly told police Barlow was “drifting” when he hit a bump and lost control. That is when police say the car ran through a fence and into a corral/stable area, killing the two boys and injuring three passengers.

In a motion to suppress evidence, Barlow said the drug tests seized by police through a search warrant were obtained “in violation of Barlow’s state and federal constitutional rights” due to a lack of probable cause.

“The Affidavit contained nothing to justify the issuance of a search warrant because there is nothing written in it to imply that any sort of drugs, alcohol, or impairment were a part of the accident,” the Motion to Suppress stated.

According to the motion, Barlow claimed the Affidavit only said a bad accident happened, likely as a result of excessive speed and losing control, and that people had died and were injured as a result.

The motion said none of the information provided a “substantial basis to conclude that probable cause existed” to believe that Barlow was impaired, and so the search warrant was invalid.

In the affidavit, officials said Barlow was also unable to provide consent to a drug test and unable to participate in a field sobriety test. Barlow claimed this was untrue and that hours after the accident, a detective visited Barlow in the hospital where he was being treated. Barlow claimed he can be heard on an audio recording taken while the warrant was being served asking questions and “engaging in a brief conversation,” indicating he was responsive.

An evidentiary hearing has been scheduled for Jan. 4, 2023. Should the Court grant the Motion to Suppress, the evidence taken from the drug tests would be inadmissible in court.