Prosecutors and judges in Ogden take DUI cases very seriously. Whether the case involves alcohol, prescription medications, or “street” drugs, a conviction can have serious consequences. Being intoxicated or simply having a controlled substance in your system while driving or in actual physical control of a vehicle can result in jail time, substantial fines, interlock device requirements, a driver license suspension, probation, felony enhancements for subsequent conviction, and more.
If you are facing drunk driving charges in Ogden, an experienced criminal defense attorney can be vital to achieving a successful outcome. Contact us now to see how we can help you.
DUI Defense Strategy
Some attorneys claim that they will “aggressively” defend your DUI case. But when it comes to defending DUI charges in Ogden, just being aggressive isn’t good enough. A good DUI defense requires a firm understanding of testing standards and procedures, standardized field sobriety tests, Fourth Amendment and Fifth Amendment law, medical issues that affect test results, evidentiary rules relating to expert testimony that may be needed to prove your case, and much more. When facing a DUI charge in Utah, it is critical that you have a skilled and experienced attorney who is capable of executing a sophisticated defense. You need a lawyer who will fight hard and fight smart.
DUI in Ogden – Alcohol or Drugs
Drunk driving laws apply to more than just alcohol. A “per se” DUI charge can be filed if a person has a blood alcohol concentration (BAC) greater than 0.05. But DUI charges can also be filed regardless of the BAC if the driver is sufficiently impaired due to any level of alcohol, drugs, or a combination of alcohol and drugs.
An alcohol-related DUI investigation often begins when a police officer detects the odor of alcohol. Standardized field sobriety tests (FST’s) are typically performed to determine whether there is probable cause to support a DUI arrest or to request that the driver submit to a chemical test. The BAC is most often determined by the use of a breath analysis (the Intoxilyzer is most commonly used in Utah).
If the subject refuses to blow into the machine, police may obtain a warrant for a blood or urine sample to test for alcohol. Without a chemical test (blood, breath, or urine), a skillful prosecutor may also attempt to prove impairment by presenting evidence of a reckless driving pattern, poor performance on field sobriety tests (FST’s), or other evidence of intoxication and impairment.
In a standard DUI case involving drugs, a prosecutor must prove impairment. But a charge for driving with a measurable controlled substance or metabolite (an independent charge related to DUI) requires only that the prosecutor prove that a controlled substance or controlled substance metabolite was in the driver’s system. This charge requires no proof of impairment. It does not even require proof that the active drug was still in the driver’s system. Proof that mere metabolite (which can be essentially inert and still remain in the body long after a person has gotten “sober”) was present in the driver’s system can be sufficient to support a conviction.
When properly prescribed and legally used medications are found in a driver’s system, the prosecutor will have to prove impairment in order to obtain a conviction. But when “street drugs” or medications that have not been legally prescribed to the driver, mere presence of a measurable metabolite can support the conviction.
Consequences of a DUI Conviction
A Utah DUI conviction can carry with it some very serious consequences. A first time misdemeanor DUI conviction in Ogden can result in jail time, substantial fines, and heavy probation conditions. If minors are in the vehicle or if someone is injured or killed in an accident caused by drunk driving, the seriousness of the charges increases considerably. Even without injury or accident, a third DUI within a 10-year period can be filed at the felony level.
Even if you are not convicted, the Driver License Division (DLD) can suspend your driver license for 120 days based just on the initial DUI citation. A second or subsequent DUI charge can result in suspension for two years. Unless you request a hearing with the DLD within 10 days from the date you are cited with DUI or other alcohol-related offenses, the Driver License Division will take action on its own.
