Harold Stone:
Being charged with a DUI in Utah carries tough penalties on an
escalating scale that increases with each consecutive offenses in any
given 10 year period. You can even be charged with DUI if the
metabolite of an alcohol or drug is found in your system when
exhibiting questionable ability to operate your vehicle. It is very
common for those charged with DUI to lose their license if they do not
quickly hire a knowledgeable defense attorney. The system is aggressive
when pursuing and charging you with a DUI. An experienced criminal
defense attorney who is ready to vigorously defend you against these
charges is a necessity.
Dexter & Dexter: Drunk Driving / DUI – the Utah legal limit is .08 which can result in a DUI arrest for persons who are not even impaired.
Park City
Edward Stone:
In order to initiate a traffic stop, a police officer either has to have "reasonable suspicion" that either an illegal act has been committed or that a traffic law has been broken. This is an important distinction from that of probable cause. Reasonable suspicion can be based on information from other drivers communicated through dispatch, or other information that does not include an officer actually witnessing the traffic violation. Most recently, the Utah Supreme Court stated that reasonable suspicion is, reasonable suspicion requires a particularized and objective basis, supported by specific and articulable facts. Courts should evaluate these facts in their totality, rather than looking at each fact in isolation. Although the standard requires more than an inchoate and unparticularized ... hunch, it does not require an officer to rule out innocent conduct or establish the likelihood of criminal conduct to the same degree as required for probable cause. In other words, an officer can initiate a traffic stop if he/she has a particular theory of what has happened and the theory is based on specific fact.
Nevertheless, the detention following a routine traffic stop is generally limited to examining the driver's license and vehicle registration, conducting a computer check, and issuing a citation. See, e.g., State v. Robinson, 797 P.2d 431, 435 (Utah Ct.App.1990). Unsupported by further probable cause or reasonable suspicion, inquiries by the officer to investigate suspicions unrelated to the traffic offense unconstitutionally extend the detention beyond the scope of the circumstances that rendered it permissible.
David Rosenbloom:
Frequently Asked Questions
Q. Will I be able to get my case dismissed because I was not read my rights?
A. Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.
Q.Will I go to jail?
A.An experienced attorney may be able to keep you out.
Q.I had two alcohol offenses when I was younger. What will happen to my license if I have a third conviction?
A.Your license will be automatically revoked for two years.
Q.How many hours of alcohol classes will I have to take?
A.Plan on at least 24-48 hours, one two hour session per week. The higher your BAC, the more hours you will have to take.
Q.What will happen if I do not complete the classes or public service ordered by the Court?
A.You will go to jail.
Q.I lost my Utah license. May I obtain a license in another state.
A.In most cases, no.
Q.If I obtain an international driver's license, may I drive in Utah, even though my Utah license is revoked?
A.No.
Q.Am I a bad person, because I was arrested for DUI?
A.No, but you are well advised never, never smell like alcohol while behind the wheel.
Q.What if I burped within twenty minutes of blowing?
A.The breath machine may have read alcohol from your stomach rather than you lungs. The result may be incorrect. A similar problem occurs with dentures.
Rosenbloom & Pietryga:
One mistake is enough! You made it because very simply, you did not
know your legal rights. So we're not saying hire us. All we are saying
is DON'T MAKE ANOTHER MISTAKE BY PLEADING GUILTY when you do not know
how strong the evidence is against you.
Craig
Bainum: Have you been charged with a DUI / DWI and need a drunk driving
attorney? Are you facing DUI / DWI charges and don’t know where to
turn? Do you need a DWI / DUI lawyer to effectively represent your
rights?
Craig McArthur: If you have been
cited for DUI/DWI, you should know that the law gives serious
consequences upon conviction. And these punishments are even more
severe for repeat offenders. A DUI sentence may require you to pay a
substantial fine, serve some time in jail, or both. In addition to any
fines or jail time, your drivers license may be suspended, even if it
is your first offense. You will have to find alternate transportation
and go through considerable effort to regain your driving privileges.
To add insult to injury, many insurance companies will drop your motor
vehicle coverage if you get a DUI. The companies that will insure you
will only do so at a greatly increased premium. It is easy to see how
important it is to protect your rights and to do that, you need a
lawyer who will work to stop these consequences from becoming reality.