Sandy Drunk Driving / DUI Defense Attorney Utah
A conviction for
DUI
in the Sandy City Justice Court can result in jail
time, substantial fines, and other serious consequences. Driving under
the influence, driving with a measurable controlled substance
metabolite, open container, and impaired driving are all serious
criminal charges under Utah law. If you are facing prosecution for DUI
or related criminal charges in the
Sandy Justice Court,
it is vital to
have an experienced DUI and
criminal defense lawyer on
your side.
Contact us to arrange for
an initial confidential attorney consultation.
DUI Defense Strategy in the Sandy City Justice Court

Defending
DUI charges requires a thorough understanding of
constitutional principles, procedural rules, rules of evidence, and
Utah's substantive DUI laws. The validity of testing procedures,
constitutional violations, actual physical control, and other important
legal issues can play a role in the successful defense of a DUI charge
in the Sandy Justice Court.
The strategy for defending a DUI charge can involve filing a
motion
to
suppress evidence obtained in violation of the
Fourth
Amendment or
Fifth
Amendment. Some cases may involve factual disputes that are
best
resolved through
jury
trial. In other cases, the best result will be
obtained by reaching a
negotiated
resolution to the case.
Sandy DUI Cases - Alcohol and Drugs
DUI cases in the Sandy Justice Court can involve
alcohol,
illegal
drugs, and even
prescription medications that have been legitimately
prescribed and used. In addition to the stereotypical alcohol DUI,
Utah's drunk driving laws penalize driving while a person is impaired
by illegal drug use or by use of legal medications.
Utah law also prohibits driving with any measurable amount of a
controlled substance or controlled substance metabolite which is not
lawfully prescribed to the driver. This so-called "DUI metabolite"
charge does not require any proof of actual impairment. Instead, just
the presence of an inert controlled substance metabolite can support a
criminal prosecution.
A controlled substance metabolite can stay in a driver's system for
days. THC metabolite (from
marijuana)
can be detectable in a drivers
blood or urine sometimes for weeks. Even if the driver is completely
"sober" and not impaired in any way by alcohol or drugs, a DUI
metabolite charge can still be filed if a metabolite is found in the
driver's blood or urine.
DUI Field Sobriety Tests
The DUI
field
sobriety tests ("FST's") are intended to provide police with
probable cause to pursue further investigation of a DUI. The FST's by
themselves do not prove impairment. In fact, some people cannot pass
the field sobriety tests even when they are 100% sober.
The standard field sobriety tests for alcohol include HGN (horizontal
gaze nystagmus), OLS (one-legged stand), and WAT (walk and turn).
Failure on these tests indicates a statistical probability that the
person has a greater than 0.08 blood or breath alcohol concentration.
In most cases, a person who has failed the FST's will be asked to take
a breath test. If a person refuses to take the breath test, then the
failure on the FST's will generally be sufficient to support probable
cause to obtain a warrant for a blood draw and test.
Keep in mind that refusing to comply with a request to provide a
breath, blood, or urine sample during a DUI investigation is grounds
for an extended driver license suspension. Refusing to
participate in the field sobriety tests does not carry the same
consequence.
Consequences of a DUI Conviction in the Sandy Justice Court
Being convicted of DUI in the Sandy City Justice Court can have serious
consequences. A first-time DUI at the class B misdemeanor level carries
a minimum two-day sentence. This two-day period can be served as jail
time or as community service, at the discretion of the judge. For a
second offense, the minimum mandatory sentence increases to ten days,
either as jail time or community service. The maximum jail term for a
class B DUI is 180 days. In addition to jail time, a DUI conviction can
also carry substantial fines, driver license suspension, and a variety
of probation conditions.
Utah Criminal Defense Attorney for the Sandy City Justice
Court

Choosing
the right attorney to handle your case is an important
decision. Based in Salt Lake City, criminal defense attorney Stephen
Howard provides defense services to clients facing prosecution in the
Sandy Justice Court and throughout Utah. He has successfully protected
his clients rights in thousands of serious felony and misdemeanor cases.
Contact us today to
arrange for a confidential attorney consultation.
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