• Cramer, Cramer & Adair

• Glen Neeley: Even though the statute says that you are guilty of a DUI if you have sufficient alchol in your body that a chemical test given within two hours of the alleged operation or physical control shows that you have a blood or breath alcohol concentration of .08 grams or greater, there is no presumption that your blood alcohol level was .08 or higher at the time of driving just because it was taken within two hours. In other words, your breath test result can always be challenged and the validity of the test can be challenged.
• Kevin Richards: Unfortunately, many people go unrepresented because they feel they canšt afford an attorney.  But the ongoing consequences and expenses of DUI can be very high.  You could lose your license or be forced to install an expensive interlock device on your car.  There may be substantial fines or even jail time.
• Froerer & Miles: Criminal Law -- Felonies -- Misdemeanors -- Drug Offenses -- DUI -- All Other Criminal Offenses If you are facing drunk driving or drug charges or other serious criminal charges, you need an experienced criminal defense attorney making sure your constitutional rights are protected.
• Kelly Cardon: The ramifications of a DUI conviction can leave lifelong scars. There are often good defenses to what look like tough cases. These may center on incorrect assumptions of the police officer, good videos, unreliable tests, illegal stops, and/or illegal arrests.
• Roy Cole: In Utah, penalties for DUI convictions can be severe. If you are convicted of a third offense within ten years, you could receive a state prison sentence up to five years long. You could also receive fines worth over $9,250.00 and have a third-degree felony on your record. Even a first or second offenses could result in thousands of dollars in fines and jail time-not to mention the implications for your driving license and insurance rates.

• 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.

• 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.

• David White:

  A mandatory 2 day jail sentence, 6 month jail sentence, suspended license, revoked license, pretrial arraignment, and ignition lock device are all potential penalties associated with a DUI charge.

  If you have a blood alcohol level of .08 or higher you will be charged with a DUI.  However, blood alcohol levels below .08 can also be deemed as unsafe driving and result in an unsafe driving charge. 

  Utah has some of the most severe DUI penalties in the country.  A first time offender can find themselves facing stiff penalties such as a mandatory jail sentence and a hefty fine. 

  Driving under the influence of alcohol is a serious offense, and the state of Utah is known for its enforcement of these offenses.  One way in which they do this is called an interlock device.  This does not allow someone who has been convicted of a DUI charge to start their car without blowing into a blood alcohol monitor. 

  A DUI conviction can also result in an inability to work.  In all DUI cases, work permits are not allowed, and motor vehicles can not be operated.  Clients, who work construction, taxicab drivers, or bus drivers, are all in jeopardy of not being able to work if they are convicted. 

• 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.

• Schatz & Anderson: DUIs are serious business in the State of Utah. Understand that an arrest does not have to mean a conviction. WARNING: You must submit a written request for a hearing to the DMV within 10 calendar days of your arrest to try to save your driver's license.
• Scott Williams: Drunk Driving Defense - the "right to drive" is a privilege which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol or other substances that impair the ability to drive.
• Schatz & Anderson: Defense of a DUI charge can be quite challenging. The main witnesses against you are the police. There is scientific evidence from the breath test and/or the blood tests being presented against you. The video tape of your arrest, the officer's testimony, and your performance on the Standard Field Sobriety tests may also present damaging evidence against you.
• L. Long: Most people convicted of a DUI are unfamiliar with the DUI law and as a result are unfairly pursuaded by the arresting officer and the prosecuting attorney to plead guilty, thereby giving up their right to defend themselves.
• Druyon Law Offices: Consequences for misdemeanors and felony convictions are entirely different. A defendant must understand which crime he has been charged with in order to understand what will happen f convicted. Generally, a misdemeanor crime is punishable by up to one year in county jail. Misdemeanor trials are held in the state's lower court, sometimes referred to as Justice Court.  Examples of misdemeanor crimes include drunk driving, disorderly conduct or shoplifting. A felony crime, on the other hand, is punishable by one year or more in state prison or a penitentiary. Felonies are only handled in the District Court.   Sample felony crimes include murder, rape, or armed robbery. The misdemeanor and felony arraignment processes are virtually identical to one another.  It is recommended that the defendant receive legal representation prior to arraignment. A public defender may have little time to review the case before arraignment, or may not even be assigned the case until arraignment. Preparation is key to a successful defense. A private attorney can meet with the defendant prior to arraignment, review the case, and provide the defendant with step-by-step options prior to the arraignment process.

• 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.

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