Impaired Driving - Utah DUI Defense Lawyer
When
facing DUI
charges in Utah, you have the choice of taking the case
to trial or
pursuing a negotiated
resolution. Both options
should
be considered and explored. In some cases, a negotiated plea
to a
reduced charge of Impaired Driving may provide a better
outcome. An experienced criminal
defense attorney can
help you determine which
option is best for you.What are the advantages of an Impaired Driving plea?
A reduced charge of Impaired Driving under Utah Code 41-6a-502.5 presents one option for resolving a DUI case. A negotiated plea to a charge of Impaired Driving does not have the same minimum mandatory sentencing requirements that a Utah DUI charge carries. A plea to Impaired Driving in Utah also avoids the driver license suspension that accompanies a conviction for DUI.What is Impaired Driving?
Impaired Driving is not a charge that can be independently filed against in a Utah criminal case. It is a charge that can only result from negotiations with the prosecutor and the agreement of the court. A charge of Impaired Driving does not have its own independent set of elements. Rather, a conviction for Impaired Driving may be considered as a reduced form of a full DUI under Utah Code 41-6a-502.When is a plea to Impaired Driving an option?
In order to obtain a negotiated plea to Impaired Driving in Utah, a person must be charged with DUI under Utah Code Ann. 41-6a-502. A person may either have their misdemeanor DUI conviction reduced to an Impaired Driving upon the completion of probation, or a person may be allowed to enter a plea to the reduced Impaired Driving with the agreement of the prosecutor and if the court determines that allowing the plea is in the interest of justice.Choosing a Utah Criminal Lawyer in Salt Lake
If you have been charged with a DUI in Utah, consultation with an experienced criminal defense attorney is the best way to determine the best way to handle your case. Stephen Howard has successfully protected his clients rights in felony and misdemeanor cases ranging from homicide to DUI. He has a track record of achieving real results.Contact us today to schedule an initial consultation with Salt Lake City criminal attorney Stephen Howard.
- What You
Need to Know - Choosing an Attorney
- Avoiding Common Mistakes
- First-Time
Offenders
- Repeat
Offenders
- Out-of-State
Clients
- What to Expect in Court
- Potential Penalties
- Reasons for Hope
- Attorney Practice Areas
- Felonies / Misdemeanors
- District / Justice Courts
- Jury Trials / Bench Trials
- Pleas in Abeyance
- Expungements
- 402 Reductions
- Bench / Arrest Warrants
- Constitutional Violations
- Probation
- Appeals
- Juvenile Courts
- Selected Crimes
- Drug Crimes / Addiction
- DUI / Alcohol Crimes
- Property Crimes
- Financial / White Collar
- Violent Crimes
- Domestic Violence
- Aggravated
Crimes
- Selected Victories
Dismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
Dismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.-
Dismissed - Client
facing first-degree felony charge and possible life in prison for child
kidnapping. Full defense
analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
- 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. . . .
How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....
Strategy »
Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....
Experience »
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....
Consequences »
Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....
Reasons to Hope »
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
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
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
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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