When people have a bit too much to drink and get behind the wheel of a car, they can be stopped, arrested, and charged with driving under the influence (DUI). DUI charges are unfortunately common. Law enforcement tends to be very unforgiving when it comes to drunk drivers, and the penalties are often swift and harsh. If you are charged with a DUI, you should consider finding an attorney to help you.
DUIs are criminal charges in Utah. Most DUIs are charged as misdemeanors, although they can be charged as felonies under the right circumstances. The penalties for a DUI can affect your driver’s license, cost you a fortune in fines, and possibly send you to jail. The fallout from a DUI tends to last a long time, too. Many drivers end up with ignition interlock devices for months after a DUI.
If you have been arrested for a DUI in Utah, you need to prepare yourself for the complex legal proceedings that follow. Our Layton, UT DUI attorneys have experience handling these kinds of cases and can help you fight your charges. Call Overson & Bugden at (801) 758-2287 for a free case review.
Penalties for DUI Charges in Layton, UT
DUIs may be charged in Utah any time a driver has a blood alcohol concentration (BAC) of at least .05%. However, the police can also charge you with a DUI if your BAC is lower than the legal limit if you are incapable of safely driving. Most DUIs are charged as misdemeanors, but some can be charged as felonies. You can speak to our Layton, UT DUI attorneys for advice on whatever you are charged with.
A person charged with their first or second DUI may face Class B misdemeanor charges. These charges may be upgraded to Class A misdemeanors if someone was injured, a passenger was younger than 16, a passenger was younger than 18 if the driver is at least 21, the driver was on the wrong side of the road, or the DUI happened on the highway or freeway.
If a driver is charged with their third DUI within 10 years of their last one, they could be charged with a third-degree felony. Not only that, felony charges could be assessed if the driver caused more serious bodily harm or was previously convicted of automobile homicide or a separate felony DUI.
Can I Refuse a Breath Test for a DUI in Layton, UT?
There is often a fair amount of confusion surrounding breath tests and breathalyzer devices. Some people seem to think you can refuse breath tests, while others are under the impression that they are always mandatory. Either person may be correct, depending on the circumstances. While some breath tests can be refused, breath tests connected with official chemical testing are legally required. Talk to our Layton, UT DUI attorneys about your breath test.
Preliminary breath tests (PBT) are not legally required, and drivers are allowed to refuse to submit. A preliminary breath test is usually administered before being arrested when the officer is still building up probable cause. PBTs are typically not admissible in court as evidence of your DUI. However, they can be used to establish probable cause to arrest you and brought up at any hearing pertaining to issues of probable cause. Again, you are not legally required to submit to PBTs.
Official chemical testing is legally required under Utah’s implied consent laws. Under these laws, the police do not need explicit or direct consent from drivers to be tested. Drivers are said to have already consented by virtue of driving on Utah’s public roads and highways. Official chemical testing could consist of blood or urine tests, but the primary testing method is a breathalyzer. The breathalyzer used in official chemical testing is often larger and more accurate, and the results are admissible in court as evidence.
How Do the Police Stop Drivers for DUIs in Layton, UT?
The police may use a few different methods of stopping drivers when it comes to DUIs. Whatever the way you are pulled over, your stop must be lawfully supported. Many stops must be rooted in some articulable reasonable suspicion that a driver is under the influence. Other stops, like checkpoints, must adhere to specific laws and procedures to be valid.
Routine traffic stops frequently lead to DUI charges. As said before, a routine stop must be supported by reasonable suspicion. Stops that are based on hunches or gut instincts are not typically valid. The requirement for reasonable suspicion is meant to prevent arbitrary stops and stops based on unlawful reasons, like a driver’s race or ethnicity.
Reasonable suspicion could include anything that might reasonably lead a police officer to suspect an intoxicated driver. Weaving in and out of traffic lanes, speeding, running lights, and stop signs are grounds for pulling someone over. However, reasonable suspicion is not enough to execute an arrest. Additional evidence must be discovered during the stop to warrant an arrest. If you think your stop was arbitrary or unlawful, contact our Layton, UT DUI lawyers for help.
How Do DUI Checkpoints Work in Layton, UT?
Checkpoints are a bit different because all drivers who come through the checkpoint can be stopped regardless of reasonable suspicion. For stops to be valid, the officers must follow a predetermined plan for conducting stops at a checkpoint. Often, this involves stopping cars according to a numerical pattern. For example, stopping every third car would be reasonable.
Checkpoints must also be set up according to very specific rules. Usually, a checkpoint must be based on some need or reason. The police cannot set up checkpoints anywhere at any time. There must be a basis for the checkpoint. For example, if the police notice increased DUIs along a particular highway on Friday nights, they might have reasonable grounds for a checkpoint. Law enforcement cannot set one up if there is no real need for a checkpoint.
The police are also required to follow rigid protocols when conducting checkpoint stops. As said before, they must follow a predetermined pattern for stopping cars. In addition, the police typically keep interactions brief and ask very limited questions. Unless they notice any clear signs of intoxication, they will likely let you go. If you think you were unjustly stopped or detained at a checkpoint, speak to our Layton, UT DUI lawyers immediately.
Fighting DUI Charges in Layton, UT
Just because a person has been pulled over by the police and charged with a DUI does not mean they have to accept the charges lying down. If you believe the DUI charges are unfounded or unfair, talk to a lawyer. There might be numerous ways in which you can fight the DUI.
Lack of Probable Cause
One method of challenging a DUI is to challenge the validity of the traffic stop. Police officers usually cannot tell if someone is intoxicated behind the wheel from outside the car. They need to stop the driver and ascertain whether they are under the influence of drugs or alcohol. However, the police cannot just pull people over at random to see if they are drunk. There must be an articulable reason for the stop.
Many police officers claim they saw the driver swerving between lanes, speeding, or driving recklessly. These traffic violations warrant a stop even if the driver is not intoxicated. If the police officer who stopped you cannot articulate any reason for stopping you, the case against you might be seriously weakened. Traffic stops should not be random or arbitrary. Any evidence they obtain from an unlawful traffic stop may be excluded from the case against you.
A good way to use this defense tactic is to make the prosecutor explain exactly why the police officer pulled you over. If they claim you were speeding, we can demand to see evidence from a radar gun or another device that measures speed. Make them explain their observations in detail.
Inaccurate BAC Measurements
When the police pull someone over for a suspected DUI, they might arrest them and take them into custody. At this point, the police usually like to have the driver submit to chemical testing. While the police cannot force someone to submit to chemical testing, it is required by law, and drivers may be penalized further for refusing to submit.
The police must submit drivers to chemical testing to get an accurate BAC measurement. The driver’s BAC may be used as evidence to support the DUI charges. What happens if the BAC results are inaccurate or cannot be trusted? The DUI case against the driver might fall apart.
For example, if the equipment used for chemical testing was not recently calibrated for accuracy, we can argue that the results should not be trusted. If the police officer who administered testing was not properly trained, we can challenge the BAC results.
Use of Force by the Police
While chemical testing after an arrest for a DUI is mandatory, the police are not permitted to use force to get results. However, there may be additional consequences for drivers who refuse to submit to chemical testing. The penalties for refusing testing will remain even if the DUI is later dropped or dismissed.
We can work to challenge your charges and penalties if the police did not follow the rules when they had you submit to chemical testing. If the police physically forced you to submit to testing, we can challenge the validity of the BAC measurements. BAC results obtained through unlawful force should be excluded from the evidence against you.
Alternatively, we can challenge your penalties for refusal to submit to testing if you were not adequately advised of the penalties for refusal. While police cannot force you to submit to mandatory chemical testing, they are required by law to inform you of the consequences of refusal. If you refused testing but were not warned of the penalties, we can try to challenge those penalties.
Actual Physical Control
Another way we can work to fight your DUI charges is to challenge the authorities’ assertion of your “actual physical control” over the vehicle. This is a critical element in a DUI case, as a defendant must have actual physical control over a vehicle while intoxicated to be found guilty.
According to Utah Code § 41-6a-501(1)(a), actual physical control is determined by a totality of the circumstances and is difficult to describe under a single definition. This means that there may be many ways in which a person exerts actual physical control over a vehicle, and it is determined based on the numerous facts and details surrounding your specific case.
However, the law specifically holds that certain factors are not included when the authorities determine actual physical control. The fact that a driver was asleep in their vehicle, not in the driver’s seat, with the engine off, while the vehicle is lawfully parked, and it is clear that the person inside the car did not drive it to its current location while intoxicated does not mean they have actual physical control. This scenario might arise when someone has a few too many drinks at a bar and decides to sleep it off in their car.
If you believe you could not have had actual physical control of the vehicle in your case, talk to your attorney about it.
Call Our Layton, UT DUI Attorneys for Assistance
If you are charged with a DUI, you may be facing serious criminal penalties. You might also be facing other criminal charges connected with your DUI. Our Layton, UT DUI attorneys can help you. Call Overson & Bugden at (801) 758-2287 and ask for a free case review today.
