Utah DUI - DWI Defense Lawyers
Driving Under the Influence (DUI)
Before reading this section, we recommend you read "Know Your Rights".
The Law
In Utah you can be convicted for DUI for being in control of a motor vehicle under two different circumstances:
- If a breath/blood test within two hours shows an alcohol level of .08 or greater.
- If you are under the influence of any amount of alcohol, drug, or a combination of the two which makes you unable to safely operate the vehicle.
If while driving under the influence, you are involved in an accident that results in the death of another, the offense will be considered "automobile homicide." (See Automobile Homicide).
Potential Penalties
A first DUI conviction is a class B misdemeanor which carries a sentence of at least two days in jail and up to a maximum of 180 days in jail. The fine ranges from at least $1,350 up to $1,850. A second conviction within 10 years of the first is also a class B misdemeanor but carries higher penalties. A second DUI has a minimum fine of $1,550 which could be as high as $1,850 and a minimum jail sentence of 10 days which could be as high as 180 days. A third DUI conviction within 10 years is a felony punishable by up to five years in prison. If the judge does not sentence you to prison there is still a mandatory minimum sentence of sixty two and a half days in jail. The fine for a felony DUI is at least $2,775 and can be as high as $9,250. There are other requirements for felony DUI such as installation of an ignition interlock device on all vehicles you drive, and participation in substance abuse counseling and treatment.
Driver License Division
It is important to note that in addition to the penalties described above, when you are arrested for DUI there are potential consequences that could also affect your driver's license. Upon arrest you will be advised by the arresting officer of your right to a driver's license hearing and the requirement that you request the hearing with the Driver License Division (DLD) within 10 days of your arrest. If you fail to request a hearing within 10 days of your arrest the DLD will suspend your license for a period of 90 days. If you are arrested for a second or subsequent DUI within 10 years and you fail to request a hearing within 10 days, you will lose your license for one year.
Prior to attending the DLD hearing it is important to consult with an experienced DUI attorney. If the arresting officer fails to appear at the hearing and you are in attendance, the DLD will not take any action and your license will be returned to you. If the arresting officer does appear, the officer will be sworn in and testify as to what happened and why he believes you were DUI. Upon completion of his testimony you will be given the opportunity to testify. We strongly recommend that you do not testify unless instructed to do so by your attorney because anything you say at this hearing could be used against you at trial. In some cases it will be appropriate to testify but your attorney will ask you the appropriate questions to avoid potentially incriminating statements. You will receive a letter from DLD within seven days explaining what action was taken.
Possible Defenses
There are many defenses to DUI charges. Following the suggestions outlined in the "The Stopped by Police" section will help make many of the defenses stronger. DUI charges are complicated and technical and depend a great deal on the accuracy of police actions. The police officer is required to administer the Standard Field Sobriety Tests (SFSTs) accurately, otherwise the results cannot be trusted and may be excluded from evidence. Also, if the breath test is not administered properly or if the officer did not observe you for a period of time before administering the breath test, the result cannot be trusted and could be excluded from evidence. For the prosecution to have a solid DUI case against you the police officer must do everything properly and accurately. It is important to retain an attorney who understands the complexity of a DUI case and is experienced in successfully asserting these and other defenses. The following are examples of the types of defenses our attorneys are accustomed to pursuing in DUI cases:
Lack of "Reasonable Suspicion" to Commence a Stop
Law Enforcement must be able to articulate a "reasonable suspicion" to commence a traffic stop. An officer can not stop or detain a person based solely upon their race, religion, gender, age, sexual preference or for other arbitrary reasons.
Lack of "Probable Cause to Arrest"
Law Enforcement must also demonstrate that there is sufficient "probable cause" to arrest an individual for DUI. Most often "probable cause" is established by an officer's observations (e.g. odor of alcohol, blood shot or watery eyes, slurred speech of a suspect) and their subjective evaluations of an individual's performance on Standard Field Sobriety Tests (SFSTs).
Miranda Violations
Most people understand that they have the right to remain silent if they are suspected of committing a crime. Law enforcement must advise you of this right if you are in their custody and before they attempt to question you about an allegation. Our lawyers will look at the facts of your case to determine if any statements you made were coerced or elicited improperly by Law Enforcement, or if you were denied the right to counsel.
Insufficient Evidence
You have a right to examine all of the evidence that the State will present against you in a criminal case. That evidence must be gathered correctly, properly preserved, and be sufficient for the State to prove their case against you beyond a reasonable doubt. The attorneys at Keith Barton & Associates, are highly qualified and will analyze all of the police reports, witness statements and other records in your case to insure that your legal rights are protected, and to expose any potential weaknesses in the State's case.
Challenges to the Physical Evidence
The main physical evidence in a DUI case is the breath, or blood sample the State will seek to introduce to establish impairment. You have the right to request an independent sample after your release to compare those results with the State's evidence. The lawyers at Keith Barton & Associates, will examine the State's evidence for any potential flaws in their case that could result in a dismissal of the charges or serve as a basis for an acquittal. The devices used to obtain breath samples must be regularly checked and properly calibrated. The State's personnel must be qualified to extract blood samples and records establishing a chain of custody of this evidence must be kept.
The foregoing is not a comprehensive list of possible defenses but hopefully demonstrates that it is worth the time and investment to have an experienced attorney to properly analyze your DUI case. Please contact our office to begin today!
