Utah DUI - Attorney At Law - Ogden, Utah

Driving Under the Influence (DUI) Mistakes the police can make and how this can help you in your DUI defense.

Mistakes the police can make on a DUI in the State of Utah:

Stopping a vehicle on the basis of an anonymous call. An officer can not rely on a phone call to stop you, if he does not have a name and address for the caller.

Following a driver into his residence without an invitation or without enough information to justify the entry. Your home is protected under the fourth amendment.

Detaining a driver longer than is reasonable to investigate. The constitution does not allow officers to hold you without limit.

Stopping a vehicle without an particularly suspicion. An officer can not stop you just because he thinks you are suspicious.

Stopping a vehicle because it stops in the middle of the street or it is driving too slow. Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is not lawful for an officer to stop you.

Weaving within a lane. The statute only requires you to drive as nearly as is practible within a single lane. Some cases hold that one weave into the shoulder is not enough reason for a stop.

Failing to follow the rules of the Department of Public Safety and Intoxilyzer operation manual. These failures may invalidate any alcohol testing.

Stopping at an improper roadblock. There are guidelines that must be followed to validate the stop.

Stopping a vehicle just to check the driver's license and registration. There must be an actual traffic violation or an articulable suspicion of a crime.

Stopping a vehicle without being able to identify it as the one actually committing a traffic infraction. Officers must be able to convince the Court that they stopped the right car.

Stopping a vehicle for no reason at all. It's done. Officers usually do not show up in Court on these.

Blocking a vehicle's exit without justification. Officers may not restrict a drivers freedom to leave without a reason.

Utah DUI Information: DUI Facts and questions you need know!

4 things the District Attorney doesn't want you to know about DUI Facts:

1. He does not have all the witnesses available to prove his case.
2. He has exculpatory evidence which would prove your innocence.
3. He has evidentiary problems in proving your blood alcohol level.
4. He's bluffing.

7 DUI facts that must be proved before you can be found guilty:

1. Your identity
2. As a driver
3. Of a motor vehicle
4. In the state of Utah, while
5. Your blood alcohol level was over the prescribed limit or
6. You were substantially incapable of driving (driving under the influence) or
7. You were impaired to the degree that you could not safely drive your vehicle.

What DUI Information you must know to do immediately to preserve your right to drive:

1. You must request a driver license hearing from the DMV within 10 days of your arrest.
2. You or your attorney must attend that hearing either in person or by telephone.

10 questions your attorney must ask you in relation to your Utah DUI.

1. What your itinerary was prior to arrest.
2. Your consumption of alcoholic beverages.
3. Your observations of the officer.
4. The officer's stated reasons for stopping you.
5. Whether the officer asked or ordered you to take roadside tests.
6. Your performance on roadside tests.
7. Statements you made to the officer.
8. What the results were of any breath or blood tests.
9. Whether there were witnesses to your arrest.
10. Whether you were observed prior to a breath test.

What are the 4 items crucial to your DUI criminal defense?

1. A good investigation of the facts.
2. Vigorous cross-examination.
3. A sound understanding of constitutional principles.
4. An experienced attorney.

What is the one thing your attorney must do to raise objections based on the Summons and Complaint?

* Appear in person for your arraignment.

Why a jury trial is advisable:

* Four people have to agree on your guilt instead of one.

What is necessary to get a jury trial?

* You must request a trial by jury.

Information How the arresting officer's testimony can be discredited:

1. Inconsistent statements.
2. Failure to recollect.

4 requirements which must be followed for chemical and roadside tests to be valid:

1. The officer must have had a reasonable suspicion that you were violating the law.
2. The officer must have either had probable cause to arrest you or obtain your consent for
roadside tests.
3. The officer must have probable cause before he arrests you and before he requires you to
take a chemical test.
4. The officer must give you your Miranda rights after you are arrested, if he is going to
interrogate you.

What are the 2 key pieces of information which must be learned in deciding to go to trial?

1. An estimation of the weaknesses and strengths of the State's case against you.
2. The effect of a conviction.

What effect will this arrest have on my license and when will I be able to drive?

* If your blood alcohol was over the legal limit or you refused a test, you may not be able
to drive at all for a long period of time.

What 4 preliminary motions should be filed, and the danger to you if they aren't.

1. Motion to suppress evidence on the ground that you were unconstitutionally stopped.
2. Motion to suppress evidence on the grounds that there was an unconstitutional search
and seizure.
3. Motion to suppress statements on failure to give Miranda rights.
4. Motion for Discovery of all evidence.

If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence.

7 defense tactics in pre-trial motions:

1. Contest the constitutionality of the stop.
2. Contest the constitutionality of the administration of roadside tests.
3. Contest the constitutionality of the probable cause to arrest.
4. Contest the constitutionality of the Miranda rights.
5. Contest the manner in which roadside tests were given
6. Contest the use of a Portable Breath Tester.
7. Contest the constitutionality of any search and seizure.

What Can I Do To Save My License

Steps you can take to save your Utah State drivers license from a DUI conviction.

First and foremost, hire an experienced attorney. There are many factors to consider.

Request a hearing and request the officer's presence. It will give you a preview of a trial, a rarity in criminal cases. The officer who signed the affidavit and notice of hearing must show up and justify the revocation. Other officers may be subpoenaed.

Retest the sample. Testing errors may save your license.

Investigate the adequacy of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed.

Investigate the adequacy of the arrest and request for a test. The officer must have developed a reasonable belief that you were impaired by alcohol.

Check the times of events. Officers must perform the tests within certain guidelines.

Check the labeling of the sample. It must be identified as being yours.

Attend the motor vehicle hearing. Listen for fabrications and other errors.

INTERNATIONAL DRIVER'S LICENSES

If you have been revoked in Utah, you can not drive here on any other license. If you have a valid license from somewhere else, you may be able to drive in other jurisdictions. Check with local counsel. Some international licenses are legitimate. Others are not. We have represented individuals charged with felonies for possessing fraudulent documents. No means no!