Utah Drunk Driving / DUI /
DWI Defense Attorney

Utah
prosecutors and judges take drunk driving charges seriously. Driving or
being in
actual
physical control of a vehicle while intoxicated can result in
jail time,
substantial fines, losing your license, having an ignition interlock
device required in your car, probation,
felony
enhancements for
subsequent convictions, and more. As an
experienced
Utah
criminal defense lawyer,
Stephen Howard can help.
Contact us to schedule an
initial consultation.
Utah DUI Defense - Better Than "Aggressive"
Many attorneys claim to be "aggressive." When it comes to
Utah DUI defense, "
aggressive"
isn't good enough. Utah DUI
defense requires a solid understanding of the testing standards and
procedures, how the results of these tests are analyzed, medical issues
that may result in flawed test results, evidentiary rules relating to
expert testimony that may be required to prove your case, Fourth
Amendment law that may affect the admissibility of illegally obtained
evidence, and more.
An "aggressive" defense isn't good
enough. If you are facing a Utah DUI charge, you need an
experienced attorney who is capable of mounting a
sophisticated
defense. You need an attorney who knows how to
fight hard, and
fight smart.
Utah "Drunk Driving" - Not Just Alcohol
Utah's
drunk driving laws apply to more than just alcohol. The
typical
DUI charge involves allegations that a person's blood or breath alcohol
level is above 0.08, or that the person is so
intoxicated
that they are unable to safely operate the vehicle. This can
be
proven by use of a blood test or breath test ("Intoxilyzer" test). A
skilled prosecutor may also try to prove the case even
without
these tests by introducing evidence of a reckless driving pattern, or
poor performance on field sobriety tests (FST's).
But
even if a person has not consumed any alcohol, prosecutors can file
charges based on a person having a "measurable amount" of a controlled
substance
metabolite
in their blood or urine. Even if you are
"sober," some metabolites can stay in your system for days and
even weeks after the drug was used. If a blood or urine test
shows the presence of drugs or drug metabolites in your system, you can
still be charged. Sometimes these tests indicate
only the
presence of lawfully prescribed and medically appropriate medications.
But a prosecutor may still file a
DUI-metabolite
charge against you.
Utah DUI - Consequences of Conviction
The
consequences of a Utah DUI conviction can be serious. Even a
first time
misdemeanor
DUI can result in jail time. The fines are
substantial, and the conditions of probation can be heavy. If
a
person has been injured or killed in an accident, the level of the
charge increases substantially. A third DUI within a 10-year
period can be charged as a
felony.
Even
without a conviction, the Driver License Division can suspend your
driver license for 120 days for a first DUI charge, or for two years if
it is your second or subsequent DUI charge. The Driver
License
Division can take action even before you go to court unless
you
request a hearing within 10 days from the date you are cited with DUI
or other alcohol-related offenses. You have the right to be
represented by an attorney at this hearing. But unless the
hearing is requested within 10 days, the Driver License Division will
take action on its own.
Finding an Experienced Criminal Defense Attorney in Utah
Defending your Utah DUI
charge right the first time is critical. Subsequent
convictions
can result in enhanced penalties and felony charges. You need
an
experienced Utah
criminal defense attorney on
your side.
Contact Stephen Howard
now to see how he can help you with your case.