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Drunk Driving / DUI / DWI - Ogden Defense Attorney

Drunk Driving Lawyer in UtahProsecutors 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 find yourself 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.

The Best 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.

Drunk Driving in Ogden - Alcohol and More

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.

Experienced Criminal Defense Lawyer in Ogden, Utah

It is crucial that defense of your Ogden DUI be done right the first time. An experienced criminal defense lawyer on your side can help ensure that your rights are protected. Visit our Ogden DUI FAQ page, or contact us today to see how we can help you.

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  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • Utah 402 Reduction Attorney Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
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Utah Criminal Defense Attorney - Reasons to Hope

Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....

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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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