Utah prosecutors and judges take drunk driving charges seriously. Driving or being in actual physical control of a vehicle while intoxicated can result in jail time, substantial fines, losing your license, having an ignition interlock device required in your car, probation, felony enhancements for subsequent convictions, and more.
As an experienced Utah criminal defense lawyer, Stephen Howard can help. Contact us to schedule an initial consultation.
The best defense attorneys ask questions that police don’t.
Utah DUI Defense – Better Than “Aggressive”
Many attorneys claim to be “aggressive.” When it comes to Utah DUI defense, “aggressive” isn’t good enough. Utah DUI defense requires a solid understanding of the testing standards and procedures, how the results of these tests are analyzed, medical issues that may result in flawed test results, evidentiary rules relating to expert testimony that may be required to prove your case, Fourth Amendment law that may affect the admissibility of illegally obtained evidence, and more.
If you are facing a Utah DUI charge, you need an experienced attorney who is capable of mounting a sophisticated defense. You need an attorney who knows how to fight hard, and fight smart.
Utah “Drunk Driving” – Not Just Alcohol
Utah’s drunk driving laws apply to more than just alcohol. The typical DUI charge involves allegations that a person’s blood or breath alcohol level is above 0.08, or that the person is so intoxicated that they are unable to safely operate the vehicle. This can be proven by use of a blood test or breath test (“Intoxilyzer” test). A skilled prosecutor may also try to prove the case even without these tests by introducing evidence of a reckless driving pattern, or poor performance on field sobriety tests (FST’s).
A good attorney will talk with you about how your case can affect your job, education, family, and future.
But even if a person has not consumed any alcohol, prosecutors can file charges based on a person having a “measurable amount” of a controlled substance metabolite in their blood or urine. Even if you are “sober,” some metabolites can stay in your system for days and even weeks after the drug was used. If a blood or urine test shows the presence of drugs or drug metabolites in your system, you can still be charged. Sometimes these tests indicate only the presence of lawfully prescribed and medically appropriate medications. But a prosecutor may still file a DUI-metabolite charge against you.
Utah DUI – Consequences of Conviction
The consequences of a Utah DUI conviction can be serious. Even a first time misdemeanor DUI can result in jail time. The fines are substantial, and the conditions of probation can be heavy. If a person has been injured or killed in an accident, the level of the charge increases substantially. A third DUI within a 10-year period can be charged as a felony.
Even without a conviction, the Driver License Division can suspend your driver license for 120 days for a first DUI charge, or for two years if it is your second or subsequent DUI charge. The Driver License Division can take action even before you go to court unless you request a hearing within 10 days from the date you are cited with DUI or other alcohol-related offenses. You have the right to be represented by an attorney at this hearing. But unless the hearing is requested within 10 days, the Driver License Division will take action on its own.
A good defense strategy should be designed to help you achieve your goals.
Finding Your Defense Attorney
Defending your Utah DUI charge right the first time is critical. Subsequent convictions can result in enhanced penalties and felony charges. You need an experienced Utah criminal defense attorney on your side.
Contact us now to see how we can help you with your case.
