Utah
DUI Attorney Salt Lake City
What should I do if I am arrested for DUI in Utah?

Many
people who arrested for
DUI
in Utah are otherwise law-abiding
citizens, with no prior criminal record. For a person like this, being
arrested, handcuffed, and booked into jail can be downright
frightening. This page is intended to provide general information about
things a person can do to avoid being charged with DUI in Utah, as well
as information about how to handle a DUI case after being arrested,
cited, or charged formally in court.
The best information on defending your DUI case has to be based on the
specific facts of your case. There are many variables that can
contribute to a successful DUI defense strategy. Consultation with an
experienced
criminal defense
attorney is strongly advised.
Criminal lawyer Stephen Howard has extensive
experience defending
criminal charges in Utah's court system. Based in Salt Lake City, Mr.
Howard provides legal services to clients throughout Utah.
Contact us today to arrange
for an initial consultation.
Avoiding a DUI Charge Completely
The best way to avoid a DUI charge in Utah is (without meaning to sound
preachy) is not to drive if you have alcohol or
drugs in your system.
If you plan to drink, choose a designated driver ahead of time. If you
don't have a designated driver, call a friend or call a taxi (it is
much cheaper than the cost of an attorney, court fines, insurance,
etc.). If you believe that there is a possibility you are impaired by
alcohol or drugs (whether legally prescribed or otherwise), do not get
in the driver's seat.
If you don't have a designated driver, don't have money for a taxi, and
can't find a friend to come pick you up, then consider sleeping it off
- but not in your car. Falling asleep in your car can look to police
like you have passed out from excessive alcohol or drug consumption.
Even if the car's engine is not on, you could still be charged with a
DUI for being in "
actual
physical control" of a vehicle.
Another important point to consider in avoiding a DUI charge in Utah
relates to illegal drugs. Utah has a statute that prohibits driving or
being in actual physical control of a vehicle if you have ANY
measurable amount of a controlled substance or controlled substance
metabolite
in your system, unless that drug was legally prescribed.
This is sometimes referred to as a "metabolite DUI" charge.
A metabolite DUI charge does not require proof of any impairment. A
metabolite charge does not even require proof that an active controlled
substance was in your system. If even an non-psychoactive metabolite of
a controlled substance can be detected in your blood or urine, unless
the original controlled substance was lawfully prescribed, you may find
yourself facing a metabolite DUI charge.
DUI Investigation in Utah
Beginning a DUI Investigation - Traffic Stops
A police DUI investigation in Utah often begins with an ordinary
traffic stop. Police pull your vehicle over for speeding (even just a
couple of miles over the speed limit), failing to signal for the full
required time period, a minor lane-change violation, or one of a myriad
of other traffic code violations that are on the books in Utah.
Once police have pulled you over, a police officer may smell "the odor
of alcohol" or may notice drugs or paraphernalia in plain view in the
vehicle. The officer may also observe physical behaviors, such as
nervousness, shaking, bloodshot eyes, or other supposed indicators of
drug or alcohol use. These observations can give the police officer a
basis for asking some basic questions about whether you have been
drinking or using drugs recently.
It is fairly common for a police officer to ask "Have you been
drinking?" or "How much have you had to drink?" You are under no legal
obligation to answer a police officer's questions
about recent alcohol or drug use. The Fifth Amendment privilege against
self-incrimination gives you the
right
to remain silent, and to refuse
to answer these questions.
If you do answer the officer's questions, your answers along with
the officer's other observations can serve as a basis for the
next step of a DUI investigation - field sobriety steps.
Standardized Field Sobriety Tests for Alcohol Impairment
Standardized Field Sobriety Tests (commonly referred to as "FSTs") have
been developed for the purpose of determining whether a driver is
impaired by alcohol. These tests include the Horizontal Gaze Nystagmus
(HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS). According to the
National Highway Traffic Safety Administration (NHTSA), officers who
are appropriately trained in administering these FSTs can achieve an
accuracy rate of approximately 90% in determining whether a driver has
a blood alcohol level of 0.08 or greater.
A person's performance on the FSTs can be affected by physical
conditions other than alcohol impairment. Balance - a key component of
both the Walk-and-Turn and One-Leg Stand tests - can be affected by leg
or back injuries, inner-ear infections or disorders, and a wide variety
of other medical conditions. Eye nystagmus can also be affected by
legitimately prescribed medications, neurological, or other physical
conditions. A person's performance on the FSTs can also be affected by
the physical conditions where the tests are administered - if the
ground surface is uneven or slippery, if the police vehicle's emergency
lights are flashing, etc. Even a person's shoes can affect performance
on the FSTs.
It is important to remember that a police officer cannot force you to
perform the FSTs. The purpose of the field sobriety tests is to help
the police officer determine whether there is probable cause to require
a driver to submit to a chemical test for alcohol. If a driver declines
the police officer's request to perform the FSTs, the question of
whether probable cause exists will have to be determined without the
benefit of the FST results. This will very often work to the driver's
advantage.
Chemical Tests for Alcohol Detection
Unlike the Standardized Field Sobriety Tests, a police officer may be
able to compel you to submit to a chemical test to determine the level
of alcohol in your system. Under Utah's "implied consent" law (Utah
Code 41-6a-520), a person who has obtained a driver's license is
considered to have given consent for a blood, breath, urine, or oral
fluids test to determine whether the person was operating or in actual
physical control of a motor vehicle in violation of Utah's DUI and
Driving with Controlled Substance or Metabolite laws.
In order to request such a test, the police officer must have grounds
that the person has violated one of Utah's DUI laws. The field sobriety
tests are one of the tools used by officers to develop the necessary
grounds to require a chemical test.
Once an officer has grounds to believe a DUI offense has occurred, the
officer will typically request that you submit to a chemical test. If
alcohol is the substance suspected to be causing impairment, a breath
test is the most common test. Most Utah law enforcement agencies use a
machine called the "Intoxylizer" to test for alcohol. But blood or
urine tests may also be used to test for alcohol, but are more commonly
used when drugs are suspected.
A driver does not get to choose which test will be administered. If you
are afraid of needles, or find it difficult to produce a urine sample
under the pressure of police observation, a police officer still has
discretion to require either a blood or urine test.
Refusing to Submit to a Chemical Test
Even though Utah's implied consent law states that a licensed driver is
considered to have given consent for a chemical test, a driver can
still refuse to submit to such a test. But refusal carries consequences.
Any DUI offense can result in a driver license suspension. But refusing
to submit to a chemical test will result in a much longer suspension.
Suspension times vary depending on the driver's age and the number of
prior DUI convictions. But a first time offender 21 years of age or
older can expect a 120-day suspension for a DUI arrest. That suspension
increases to 18 months for a refusal. A second-time offender can expect
a two-year suspension. A refusal on a second offense increases the
suspension to three years.
As a practical matter, once a police officer has developed probable
cause to believe that a DUI offense has been committed, it is pointless
to refuse the chemical test. Once probable cause has been established,
the officer may obtain a search warrant from a judge or magistrate.
This warrant allows the police officer to physically force a driver to
submit to a chemical test. A blood sample is most often taken in cases
where a warrant has been issued. The blood sample can then be tested
for alcohol, drugs, or controlled substance metabolites.
Citation or Arrest for DUI
Once a police officer has concluded a DUI investigation, you may be
given a citation and released (if there is a safe way for you to get
home and a person willing to take responsibility for getting you
there). But a police officer has the option of arresting you and
booking you into jail.
If you are booked into jail, you will typically have the option of
posting a
cash
bail directly, paying a bail bonds company to post a
bond on your behalf, or requesting a
bail
hearing and waiting to see
the judge. (In Salt Lake County, you may be eligible for release
through
Pre-Trial
Services.) Each of these options has advantages and
disadvantages. You should consult with your attorney to determine which
option is best for your specific circumstances.
Driver License (DLD) Hearings
If you have been charged with DUI in Utah, your driver license will be
automatically suspended if you do not request a driver license hearing
within ten days of being arrested or receiving a citation. This driver
license suspension is not based on a conviction for DUI, but is instead
based on the arrest report. Even before your first court hearing, your
driver license can be suspended.
If you have been arrested for DUI or received a DUI citation, you must
contact the Driver License Division to request an administrative
hearing. If you are represented by an attorney, your attorney can make
this request on your behalf. In order to adequately prepare for the
hearing, you should also request copies of any police reports or
chemical test results.
Defending DUI Charges in Utah's Criminal Courts
Many class B misdemeanor DUI cases in Utah are handled in city and
county justice courts. If your DUI charge is filed as a class A
misdemeanor or felony level charge, the case must be handled in the
district court.
Any DUI case carries the potential for substantial jail time, heavy
fines, and other serious consequences. Court processes can be complex.
An experienced criminal attorney can help you understand what to expect
in the court system, and can be vital to a successful defense.
Finding a Utah Criminal Defense Lawyer

Based
in Salt Lake City, criminal defense attorney Stephen Howard
provides legal services to clients throughout Utah. He has a
track record
of successfully protecting his clients rights in Utah's
justice courts and district courts. If you have been charged with DUI
or other crimes in Utah,
contact us today to arrange
for an initial confidential consultation.
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