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Utah Criminal Defense Lawyer Salt Lake City

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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.

RELATED CRIMINAL DEFENSE TOPICS

Selected Victories
Dismissed - 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.
Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.

Recent Posts
What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .

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Conviction Consequences in Utah Criminal Prosecutions

Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....

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Utah Criminal Defense Attorney - Reasons to Hope

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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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