Drunk Driving / DUI /
DWI - Ogden Defense Attorney

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 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.