Ogden DUI Attorney - FAQ
What do I do if I am charged with DUI in Ogden or Weber
County?

Facing
prosecution for
DUI (sometimes referred to as DWI) in Ogden or
Weber County can involve serious consequences, both in the criminal
court system and in other areas of your life. Having an experienced
defense attorney on your side can be critical to achieving a positive
outcome.
Contact us today to see the difference that having the right
attorney can do for your DUI case.
The following questions and answers regarding DUI in Ogden and Weber
County are intended as general information only, and should not be
viewed as legal advice.
DUI defense is often very fact-specific. Small
differences in fact patterns can dramatically affect the outcome of a
case. Consultation with an experienced defense attorney is strongly
encouraged.
Q: What is the first
thing I need to do after I have been arrested or
cited for DUI?
A: Time can be critical in a DUI defense case. In order to have a
chance at avoiding suspension of your driver license, you must
request
a hearing with the Driver License Division within 10 days of being
cited or arrested for DUI. Failure to request the hearing can result in
an automatic driver license suspension. It is also important to contact
an attorney quickly to discuss possible strategies for defending your
DUI case.
Q: What do I need to do
at the driver license hearing in order to keep my license?
A: The answer to this question is going to depend on the specific facts
of your case. But keep in mind that if you choose to testify at the
administrative driver license hearing, statements you make could
potentially be used against you in the criminal case. It is important
to obtain legal advice from a qualified attorney before deciding how to
approach the driver license hearing. It is also important to understand
that the hearing officer only needs to determine that the police had
reason to believe that you were driving with a BAC greater than 0.05,
that you were impaired by alcohol or drugs, or that you had a
measurable controlled substance or metabolite in your body while
operating or in actual physical control of a vehicle. There is no jury
and there is no requirement of proof beyond a reasonable doubt.
Navigating the driver license hearing process can be an uphill fight.
Having a good attorney on your side is important.
Q: The police officer
had me do field sobriety tests before he arrested me. I think I passed.
Can I still be charged with DUI?
A: There are a variety of "tests" that some police officers will
perform when investigating a DUI, such as asking you to touch your nose
while tipping your head back, asking you to touch the tips of your
fingers while counting to 10, reciting the alphabet backwards, and
others. But the tests that really matter (and the ones that a properly
trained officer will normally use) are commonly referred to as the
"standardized field sobriety tests" or SFST's." These tests have been
studied in a controlled setting, and have been found to correlate
strongly with alcohol-caused impairment. These tests include the
Horizontal Gaze Nystagmus (HGN), 9-Step Walk and Turn (WAT), and
One-Leg Stand (OLS).
Police are trained to look for specific indicators of intoxication.
Some of these may be obvious - such as stumbling while walking, or
falling over while trying to stand on one leg. But other clues are much
more subtle and might not be noticed by someone without training or
experience in the administration of the FST's. Sometimes a driver
overestimates his/her performance on the FST's. But police officers may
also overstate the negative indicators observed during the FST's.
Evidence produced during the discovery process in a DUI case will often
include dashcam or bodycam video of the DUI FST's. These videos can be
critical evidence in determining impairment and also in addressing the
credibility of the police officer conducting the DUI investigation.
The FST's are only one piece of the larger puzzle that makes up a DUI
case. Often, good performance on the FST's will end the DUI
investigation and the driver will be released. But in other cases
(often cases involving drugs or prescription medications rather than
alcohol), even when the driver has passed the FST's a DUI charge may
still be filed.
Q: What court will handle my Weber County DUI case?A:
The determination of which court will hear your Weber County DUI case
will depend on the level of the charge and the jurisdiction in which
the offense occurred. All felony DUI cases (or misdemeanor DUI cases
involving other felony charges) filed in Weber County will be heard in
the Second District Court, Ogden Department. Most class B misdemeanor
DUI cases will be heard in the city justice court for the city in which
the DUI occurred. For cases that occur in unincorporated areas of the
county or in a municipality that does not have a justice court, the charges will normally be heard in the district court.
Q: What can the judge do
if I am convicted of a DUI?A:
A judge in a DUI case has broad discretion in determining an
appropriate sentence. There are certain mandatory provisions that must
be imposed, but generally speaking the judge is only required to impose
a sentence that is within the statutory limits for a maximum penalty.
On a first DUI, charged as a class B
misdemeanor,
the judge can impose up to 180 days in jail and a fine (including
surcharge) of nearly $2,000. If the DUI case involves an accident with
injuries, a driver with children in the vehicle, prior DUI or related
convictions, or other aggravating factors, the penalties can increase
substantially. A third-degree
felony
DUI (often charged when the driver has two prior convictions within the
last 10 years) can carry a prison sentence of up to five years and a
fine (including surcharge) of nearly $10,000. A charge of automobile
homicide can be filed as a second-degree
felony
if the driver is criminally negligent in causing the death of another
and also meets other elements of a standard DUI charge. In rare cases,
prosecutors have even pursued murder charges against a person who was
driving under the influence.
Q: Can I beat a DUI charge if I go to trial?A:
There are a number of potential strategies for defending a DUI charge.
A motion to suppress challenging the initial vehicle stop and detention
of the driver may result in suppression of evidence critical to the
prosecution's case. Mistakes made by police officers in administering
the FST's or in conducting breath alcohol testing (using the
Intoxilyzer) can also affect the strength of the case. In some cases,
the prosecution may have difficulty in proving who was actually driving
the vehicle. In cases involving the lawful use of prescription
medication, the element of impairment may provide an opportunity to
challenge the prosecutor's evidence. Each DUI case is different, and
the best strategy for defending your case can only be ascertained
through consultation with an experienced defense attorney and a
thorough review and analysis of the evidence and other discovery
materials.
Q: If I can't beat the DUI charge, is the judge required to send me to jail?A:
In most DUI cases, the judge will not be required to impose additional
jail time. While jail time is always a possibility when you are
convicted of a crime, probation is also an option.
Q: If a judge places me on probation for a DUI, what can I be required to do?A:
Probation conditions can include a wide variety of requirements. A
judge may require supervised probation involving regular reporting to a
probation officer or case manager. Most judges will require that a
person on probation remain clean and sober , including both alcohol and
illegal drug use. The court can require drug and alcohol testing and
other methods of monitoring or detecting alcohol or drug use. A judge
may impose ankle monitoring or house arrest. The court can require
installation of an ignition interlock device to prevent operation of a
motor vehicle by a person with alcohol on their breath. A substance
abuse evaluation, drug or alcohol treatment, participation in a victim
impact panel, and community service are also common conditions of
probation.
Q: Are there other consequences to a DUI conviction beyond what the court can impose?A:
In addition to what the court can do, a DUI conviction can affect you
in many other ways. It can affect your auto insurance rates. It can
result in a driver license suspension or classification as an
alcohol-restricted driver. It can affect your employment options. And
it leaves you with a criminal record that can affect your life long
after the court case is closed.
How do I find the best criminal attorney for my Ogden DUI case?
Choosing
the right attorney for your case is one of the most important
decision you will make in your
DUI case. Having a criminal defense attorney with the
experience,
knowledge, and skill necessary to defend your case can be critical.
Contact us today to
see how we can help you.