Salt Lake DUI Lawyers

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Salt Lake DUI Lawyers

Zabriskie Law Firm: DUI penalties in the state of Utah are extremely harsh, and a conviction can cause multiple problems for the individual, including harming their professional or personal reputation. The conviction record is available to anyone who is researching you with regard to future work, employment, business partnerships or even a personal relationship. When your record indicates a DUI conviction, this can influence their decisions with regard to you. You also will likely spend at least a few days in jail for a first conviction, and will owe expensive fines and will most certainly be ordered to an alcohol treatment program as part of the penalty. You will lose your right to drive even on a first DUI conviction.
Stone Law Firm: Utah is one of the toughest states in regards to DUI laws and penalties. Even a first DUI conviction may result in mandatory imprisonment, and if your license is suspended in conjunction with your DUI you cannot apply for and receive a hardship license to drive to and from work or school. In fact, Utah was also the first state to lower the blood alcohol concentration to .08%. If you are found driving a motor vehicle with a blood alcohol level of .08% or greater, you will likely face DUI charges.
Steffensen, David: Criminal Defense * Criminal Defense * Criminal Defense Trials * Juvenile Court Criminal Defense Trials * Drug Court * Assault * Domestic Violence * Protective Orders * Cohabitant Abuse * Criminal Trespass * Firearms violations * DUI * Open Container * Underage Consumption * Prescription Medication DUI * Drunk Driving * Public Intoxication * Narcotics * Controlled substances * Marijuana possession * Cocaine possession * Methamphetamine possession * Heroin possession * Drug Paraphernalia * Obstruction of Justice * Witness Tampering * Wildlife Violations * Willful and Wanton Destruction of Wildlife * Hunting Violations * Poaching * Cropland Depredation Permit Violations * Bear Baiting Violations * Bear Hounding Violations * Kidnapping * Theft * Retail Theft * Shoplifting * Unlawful Use of Financial Card * Unlawful Use of ATM Card * Accomplice Liability * Extortion * Fraud * Embezzlement * Forgery * Sex Crimes * Rape * Lewdness * Unlawful sex with 16 or 17 year old * Sexual assault * Pornography * Kidnapping * Securities Fraud * Utah District Courts * Utah Justice Courts * Utah Juvenile Courts * Utah Court of Appeals * Utah Supreme Court * Wyoming District Courts * Wyoming Juvenile Courts * Wyoming Supreme Court * Division of Family and Child Services (DCFS) * Child Protective Services (CPS) * Adult Protective Services (APS) * Member, National Association of Criminal Defense Lawyers * Member, Utah Association of Criminal Defense Lawyers
Wormdahl, Phillip: # Aggressive DUI & Criminal Defense # Alcohol and Drug DUI Cases
Trupiano Law: What are the common denominators with these four "traffic" stops? ЅЏ At what stages of these "scripts" has the officer committed a violation of the Fourth Amendment of the United States Constitution? Ѕ1) All of the motorists had out-of-state license plates and/or were Hispanics or blacks. ЅЏ Profiling Ѕ2) The traffic violation allegation was just an excuse to get the opportunity to search the vehicle and find any other criminal activity ЅЏ Pre-textual stop - in Utah and the Tenth Circuit a pre-textual stop is unfortunately not deemed unlawful so long as there is really an act of law that the officer suspects occurred, i.e., speeding, improper lane change, etc. Ѕ3) For what was supposed to be a mere traffic stop, the officer called back-up while checking out the driver's records ЅЏ Preparing to follow the script of expanding the scope of the detention without reasonable articulable suspicion of criminal activity, i.e., preparing for a two-officer fishing expedition. Ѕ4) The officer(s) questioned the driver and passenger(s) about things that had nothing to do with the traffic allegation. ЅЏ Violation of Fourth Amendment: Expanding the scope of the detention without reasonable articulable suspicion of criminal activity, i.e., fishing expedition. Ѕ5) The officer plays the role of interrogator then friend by asking routine casual questions that have nothing to do with the traffic violation allegation but then kindly let the motorist go with a mere warning. ЅЏ Psychological manipulation to set the motorist up to give consent. Ѕ6) The officer acts like the stop is over but then casually asks about drugs and firearms in the vehicle. ЅЏ Violation of Fourth Amendment: Expanding the scope of the detention without reasonable particularly suspicion of any additional criminal activity, i.e., fishing expedition. Ѕ7) The officer asks casually if he can search the vehicle. ЅЏ Violation of Fourth Amendment: Expanding the scope of the detention without reasonable particularly suspicion of any additional criminal activity, i.e., fishing expedition. Ѕ8) If the motorist consents to the search (because usually they feel the officer has been nice enough to let them go with a warning on the traffic violation so they want to stay on the nice side of the officer), the officer searches not briefly but thoroughly all through the vehicle. ЅЏ Violation of Fourth Amendment: Obtaining consent to search after previous unlawful police conduct that occurred proximate to the unlawful request to search. Ѕ9) If the motorist at first refuses to consent to the search, the officer insists he will go get a warrant (when he does not have probable cause to do) and make the motorist wait hours (which the officer cannot constitutionally do without probable cause) or go get the dogs to sniff out the car (which he cannot do without reasonable articulable suspicion of drug activity - which the mere smell of marijuana does not alone provide) ЅЏ Violation of Fourth Amendment: Obtaining consent to search through coercion Ѕ10) If the motorist still continues to refuse to consent to the search, the officer states that he already has probable cause to search and tells the motorist to exit the vehicle so the officer can conduct the search (without consent but allegedly with probable cause). The officer states later in his reports that he felt he had probable cause for one or more of the following reasons: Ѕ i. Officer thinks he smells marijuana Ѕ ii. Officer thinks the motorist's eyes are blood shot or dilated, Ѕ iii. Officer thinks there are drugs because the motorists has deodorizer in the car or has smoked a cigarette recently in the vehicle where the officer asserts these are indicative of efforts to cover up the smell of drugs in a vehicle ЅЏ Violation of Fourth Amendment: Unreasonable search and seizure conducted without consent or search warrant. It is up to a magistrate to decide if an officer has probable cause - not the officer. The smell of marijuana alone does not give an officer the grounds to conduct a warrantless search. The office must have either valid consent - that is, without coercion or prior police activity - or a search warrant. These basic protections of the Fourth Amendment are getting whittled away. One way is the rampant unlawful police practices listed above. Utah citizens are affected as well. We are all affected. Some Utah trial judges are siding with the officers. Defendants wrongfully charged based on unlawfully seized evidence must be willing to fight their cases, not just to protect their own rights and records, but to protect other members of our society. If we do not challenge these unconstitutional practices, they will only become more egregious. Then our original forefathers' intentions to protect us against a tyrannous government will be no longer recognizable.
Richards Brandt Miller Nelson: * White collar crimes * DUI/DWI * Theft * Drug crimes * Probation violations * Internet crimes * Domestic violence * Federal weapons violations * Vehicular homicide * Arson * Social Security fraud * Medicare fraud * Medical malpractice defense (a civil litigation matter which may have a criminal element) * Defense of doctors charged with drug offenses such as overprescribing medication * Defense of health care professionals whose licenses are at risk * Juvenile offenses
Smith, Brent: Certainly no law is more convoluted than DUI legislation. For example a rape case has basically two factual elements, that being "[1] sexual intercourse . . . and . . . [2] without consent" а thatеs pretty straight forward. However, in Utah, the code regulating DUI offenses covers more than 30 statutory provisions, within the Utah Criminal Code, the Utah Motor Vehicle Code, the Uniform Driver Act, and the Utah Administrative Procedures Act. Moreover, DUI enactments are also addressed in the Utah Administrative Code, and there are dozens more City and County Ordinances throughout the State of Utah. Of special concern is that each year the State Legislature seems to revise these particular laws, usually making them tougher and tougher to beat. A practicing attorney in the DUI area of law must bring his еAе game to court and the administrative hearings to provide his client effective representation. Of the most notable changes of the recent couple of years is that 1) the Legislature lengthened the suspension period for a first-time DUI from a 90-day suspension to a 120-day suspension. 2), the revocation period was doubled, for a refusal to submit to law enforcementеs request of a client to submit to a chemical test, from 18 months to 36 months if there was a prior suspension within 10 years а so you essentially get punished for choosing not to testify against yourself. And 3), the Legislature created a DWI alternative provision providing for lighter penalties in exchange for an early guilty plea а using the restoration of a driving privilege as the enticement if completed within 60 days. This restoration is only available for suspension cases, not in cases where a driver refused to take a chemical test. Other common mistakes for newbie attorneys is when they enter an appearance for the Client in the criminal case, but overlook that the DUI citation also created an administrative proceeding in the Driver License Division. Moreover, these hearings occur within 30 days of the arrest and can provide an excellent opportunity to gain information to settle the criminal case а or even defeat it. (A practice hint is to send an associate attorney to the administrative hearing, so that he is available to testify as a witness, or expert witness, in the criminal case. This is because according to the Rules of Professional Conduct for lawyers, an attorney in a criminal trial cannot act as counsel and as a witness. If the attorney chooses not to do this, he can still use the audio of that hearing.) These pages concerning DUI law on this website must be reviewed and updated each year following every general session and special session of the Legislature, because DUI laws are hot topics for revision. And whenever someone is killed as a result of a drunk driver, you can count on a new bill being introduced in either the House or Senate next during the next session. Honestly, each time the Legislature convenes, I expect them to make the DUI offense a felony (after all, more and more felonies are enacted after day, and we are truly heading back to the dark days of a man named Draco, who wanted just about everything to be a felony, which is where we get the word "draconian").
Shapiro, David: DUI and Motor Vehicle Offenses: Drivers need to understand the full consequences of a DUI or motor vehicle offense. Conviction for DUI can result in jail time, heavy fines, license revocation, enormous increase in insurance rates and even loss of employment.
Skordas, Caston & Hyde: Criminal Law * Drug Offenses * Juvenile Offenses * Federal Crimes * Murder & Manslaughter * Traffic Related Offenses * Armed Robbery * Burglary * Assault * Domestic Violence * Counterfeiting * Forgery * Fraud
Smith & Russell: Many drivers in the US are arrested under suspicion of driving under the influence of alcohol or illegal drugs every day. The negative consequences of drunk driving have recently increased, largely in response to public outcry and the influence of groups like Mothers Against Drunk Driving (MADD). If you find yourself arrested for illegal drunk driving, an attorney with experience defending drunk-driving cases can help protect your rights. Learn More About DUI Laws An arrest for DUI can be a frightening situation, regardless of whether this is your first dealing with law enforcement or if you have a prior DUI record and are facing serious penalties for a repeat offense. Utah DUI laws leave no margin for error. If you are pulled over, take a field sobriety or test and are judged by the police officer to be impaired, you will get no leeway. If your Breathalyzer or blood alcohol test results in an alcohol percentage greater than .08, you are in serious trouble. You may also face DUI charges if you test positive for any type of drug that can possibly affect your perception and judgment when operating a motor vehicle. This includes even legal prescription drugs for which you have a legitimate doctorеs prescription, such as painkillers like Vicodin or OxyContin. Of course, it also includes illegal drugs like marijuana, cocaine, crack, heroin and methamphetamine. Regardless of its legality, if it can impair your judgment it is illegal to drive under its influence.
Yengich, Ron: In a criminal prosecution the full weight of the Government is brought to bear against an individual in a more foreboding manner than in any other circumstance. In that situation, the right counsel is not only a necessity, itеs a lifeline.

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