- Archuleta, Robert:
A defendant cannot be convicted of a crime unless the prosecution proves that the defendant committed the crime beyond a reasonable doubt. The standard of beyond a reasonable doubt is a constitutional requirement of due process. The United States Constitution does not require a trial court to instruct a jury on the definition of reasonable doubt. However, the Constitution does not prohibit a trial court from providing a jury with a definition of reasonable doubt.
- Helm Law Firm:
Whether you are facing a first-time DUI or you have multiple DUI offenses and are looking at a long prison term, it is important to retain experienced legal assistance early on to fight your drunk driving case.
Most DUI convictions are misdemeanors punishable by up to one year in jail. A felony DUI offense, however, typically applies to repeat offenders with multiple DUI offenses, or offenders involved in serious injury accidents, including vehicular homicide. A third-time DUI can be charged as a felony with a penalty of 62.5 days minimum up to five years in prison.
Whether your first-time DUI case takes place in justice court or you already have had several DUI charges, you need a skilled attorney to ensure that you understand your rights, the actions you should take, and the consequences you face. A DUI felony conviction can result in the loss of your driver's license, voting privileges, right to keep and bear arms, and commercial license, if any.
- Utah Criminal Defense Team:
Local DUI and related ordinances and reckless driving ordinances -- Consistent with code.
Ê Ê ÊÊ (1)Ê An ordinance adopted by a local authority that governs the following matters shall be consistent with the provisions in this code which govern the following matters:
Ê Ê ÊÊ (a)Ê a person's operating or being in actual physical control of a motor vehicle while having alcohol in the blood or while under the influence of alcohol or any drug or the combined influence of alcohol and any drug; or
Ê Ê ÊÊ (b)Ê in relation to any of the matters described in Subsection (1)(a), the use of:
Ê Ê ÊÊ (i)Ê a chemical test or chemical tests;
Ê Ê ÊÊ (ii)Ê evidentiary presumptions;
Ê Ê ÊÊ (iii)Ê penalties; or
Ê Ê ÊÊ (iv)Ê any combination of the matters described in Subsection (1).
Ê Ê ÊÊ (2)Ê An ordinance adopted by a local authority that governs reckless driving, or operating a vehicle in willful or wanton disregard for the safety of persons or property shall be consistent with the provisions of this code which govern those matters.
Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration.
Ê Ê ÊÊ (1)Ê A person may not operate or be in actual physical control of a vehicle within this state if the person:
Ê Ê ÊÊ (a)Ê has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
Ê Ê ÊÊ (b)Ê is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
Ê Ê ÊÊ (c)Ê has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.
Ê Ê ÊÊ (2)Ê Alcohol concentration in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath.
Ê Ê ÊÊ (3)Ê A violation of this section includes a violation under a local ordinance similar to this section adopted in compliance with Section 41-6a-510.
- Joshua Bowland:
Utah increases the punishment in drunk driving cases if certain facts exist. The most common of these is an earlier conviction for the same or a similar offense. I will defend you against your first or second misdemeanor offenses, and any third or subsequent felony DUI charge.
Under Utah state law, you can face charges for a variety of alcohol and drug related driving offenses, including:
- DUI Per Se: You are DUI per se when after a breath test, your blood alcohol content (BAC) is over .08, or a person is incapable of safely operating a motor vehicle.
- DUI Metabolite and/or measurable amount of controlled substance: The state will charge you with this, when they find illegal drugs in your system.
- Possession of Controlled Substance - Causing Death or Serious Bodily Injury of Another: A person who possesses in the body a measurable amount of controlled substance (e.g., marijuana) and operates a motor vehicle in a negligent manner who causes serious bodily injury or the death of another.
Protect Your Drivers License
After a DUI arrest, it is important to act quickly. Any successful DUI defense requires an attorney versed in both the civil and the criminal process. In order to contest the revocation of your driving privileges, you must request a civil hearing with the Utah Department of Motor Vehicles within 10 days of your arrest. I will test the validity of the traffic stop, grounds the officer has to further your detention, and the probable cause required to cite and arrest you for DUI.
- Ayes Law Firm: Driving Under the Influence in Utah is a serious crime punishable as a Class B misdemeanor for the first offense and up to a third degree felony for subsequent offenses. Class B misdemeanors are punished by up to an $1,850.00 fine and up to 6 months in jail. Utah DUI law requires courts to impose a jail sentence of no less than 48 hours for the FIRST CONVICTION OF DUI. A conviction for DUI in Utah will require that you pay for and attend at least a screening and assessment to determine if you have a problem with substance abuse and or alcohol. The cost for this varies from $50 to $250. Depending upon the recommendation of the assessment, you may be required to pay for and attend additional counseling. Additionally, if convicted of DUI in Utah, you may be required to install an "ignition interlock device" in any car you have access to. This will require a one-time installation fee as well as a monthly service fee like a cell phone. By law, a conviction for DUI in Utah remains on your record for 10 years and cannot be removed through any process. This may cause ten years of additional costs for insurance premiums. Any subsequent charge of DUI is "enhanceable" which means that if you are charged with a DUI in the future, it may be a Class A Misdemeanor or even a Third Degree Felony depending upon the circumstances. As you can see, the costs of a Utah DUI conviction add up very quickly. These costs may be reduced if you have a good defense from the very beginning of the process. Because of legal technicalities, you will probably not be entitled to a court appointed attorney. Nevertheless, it is very important that you prepare an adequate defense to a charge of D.U.I.!
UTAH DUI DEFENSE MATERIALS
STAGE 1
In the United States of America we have the right to travel freely about without being worried about being stopped by Gestapo like police. As such, in order for an officer to detain an individual that officer must have probable cause. An officer has probable cause to detain or stop an individual when he witnesses a criminal act or reasonably believes a criminal act was committed or is about to be committed. This can be something as simple as a broken tail light.
If an officer detains or stops a person without reasonably articulable probable cause, the evidence obtained as a result of that stop or detention will be deemed "fruit of the poisonous tree" and will be suppressed from the point of infraction on. This means that if the officer pulls you over or detains you without probable cause, ALL of the evidence obtained will be considered inadmissible. If the evidence is inadmissible, the state will not be able to prove the elements to the crime and your defense is complete.
STAGE 2
The second stage of a defense to DUI is the Sufficiency of the Evidence. In most cases, the evidence obtained will include (1) a driving pattern, (2) officer testimony based on field observations of the Standard Field Sobriety Tests (SFT's), and (3) a breath or blood test.
In most instances the driving pattern will be taped by the officers cruiser mounted video camera. This evidence can either be very helpful or very damning. If the tape demonstrates a driving pattern indicative of a lack of control of the vehicle it will provide probable cause to detain the operator and question regarding DUI.
If it the tape does not show an obvious inability to operate the vehicle safely (which in most instance it does not) then it becomes a point to argue.
The tape will also be useful when evaluating the officer and your performance during the SFT's. These are tests that have been specifically developed to determine whether or not a person is under the influence and therefore incapable of operating a vehicle safely. If the tests are not administered properly, their evidentiary value is destroyed. The tape will demonstrate whether the officer administered them properly or not. Additionally, the officer's testimony at the drivers license hearing will serve as evidence concerning the administration of these tests.
Lastly, there is a growing body of evidence that undermines the credibility of the various blood and breath tests currently administered throughout the United States. These tests must be administered precisely as well with regular calibration of the machinery and interval testing.
STAGE 3
The final stage of the defense involves requiring the prosecutor to prove your guilt because despite what you may think, you are innocent until proven guilty. In order to prove that you are guilty of Driving Under the Influence the prosecutor must demonstrate that;
(1) the accused was operating or in actual physical control of the vehicle
(2) the accused is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle
(3) or has sufficient alcohol in his/her body that a chemical test shows that the person has a blood or breath concentration of .08 grams or greater at the time of the test.
In order to determine the blood or breath alcohol content the arresting officer may request a blood or breath test. If you refuse to submit to this test, the state may impose a civil penalty separate and distinct from the criminal penalty. This penalty will result in the revocation of your license for up to 18 months whether or not you are convicted of D.U.I..
The information provided in this packet is intended as information ONLY. This information in no way provides an adequate substitute for legal representation by a trained attorney. If you elect NOT to retain legal counsel you do so at your own peril.
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