Utah law takes drunk driving more seriously than most other states. With the lowest “legal limit” in the country, driving under the influence (DUI) can land you in jail, suspend your license, and require expensive fines.
If you were charged with driving under the influence of drugs or alcohol, our lawyers can help fight the case against you and potentially help you negotiate down cases or enter you into alternative sobriety programs that might help you avoid some of the worst penalties with DUI charges.
For a free review of your case, call the DUI lawyers at Overson Law today at (801) 758-2287.
Steps of a DUI Case and Possible Defenses in Taylorsville, UT
Starting from before you even get in the car, police might try to gather evidence for a potential DUI. When they do, there are often steps they need to take and burdens that they need to meet, and moving forward to the next steps of a case without meeting these requirements can give our DUI lawyers ammunition to shoot down the case against you:
Before You Drive
Police might set up outside of bars or set up DUI checkpoints on streets where drunk drivers commonly travel. While observing you outside of a bar, police cannot use what they saw to stop you once you pull away in your car unless their observations – when combined with other facts – are truly enough to constitute “reasonable suspicion.” E.g., the fact that you drove away from a bar is not enough. When using DUI checkpoints, police must properly publicize the DUI checkpoint and set it up according to state regulations and legal standards so that it follows strict stopping procedures to avoid profiling.
Pull-Overs/Traffic Stops
Most DUI encounters with police happen on the roadside after the police officer has pulled you over. For them to pull you over in the first place, they must have “reasonable suspicion” that you committed a crime. This can be met if they observe you swerving or driving erratically, saw you get out of a bar and stumble into your car, or otherwise gather sufficient evidence that you were driving drunk before pulling you over. Alternatively, they can stop you if they witnessed you commit another traffic violation, such as running a red light or speeding. Then, they can investigate you for DUI if they notice signs.
During a traffic stop, the officer’s goal is to gather more information to meet the “probable cause” standard to arrest you. They will look for signs like alcohol on your breath, slow responses, glassy or bloodshot eyes, fumbling your ID and registration documents, and visible alcohol containers in the driver’s area. They may also perform field sobriety tests and ask you to blow into a portable breath test.
Generally, you can refuse to answer questions, refuse to perform field sobriety tests, and refuse to blow into the portable breath test. However, police often hate that and will make things harder on you if you do not comply.
If they think they have enough evidence, they will arrest you. Probable cause is the standard they have to meet here, and it is also the standard needed to search you or your car.
Post-Arrest
Police can search you upon arrest, potentially finding evidence of other crimes (e.g., an illegal weapon or drugs). They can also charge you with crimes for that contraband or use things they find (e.g., a burned joint) as evidence in your DUI case.
Police can also administer some tests after an arrest. The law says that you consent to these tests automatically, and refusing them might come with added penalties. Police may use a breath test at this point, but the portable breath test they presented you during the stop likely cannot be used as evidence – they need a more accurate chemical breath test. In Utah, however, police often use blood tests, which they need a warrant to perform.
Your car usually cannot just be left on the side of the road, allowing police to tow it. When they do so, they can inventory the vehicle and, during that search, potentially find more evidence of DUI or another crime. They can also search any bags and search your person when they take you to jail, again, potentially leading to more evidence.
Interrogation
Often, people are too drunk to be interrogated, and police will not bother. If you are cogent, police might interrogate you after an arrest. At this stage, they have to warn you of your Miranda rights, and anything you say can be used against you. Do not try to talk your way out of the case; say you want a lawyer present and that you want to remain silent, and the questions have to stop.
Arraignment and Criminal Case
The police need to get you before a judge to tell you what your charges are and allow you to enter a not-guilty plea before the case proceeds. At this stage – and perhaps earlier during your interrogation – our lawyers can step in.
Defenses
As mentioned, there were various stages of the case where the police needed reasonable suspicion to stop you and probable cause to search or arrest you. If they did not meet this standard, then any evidence they seized because of this mistake should be blocked from being used in your case. Through “suppression” motions, we might be able to block them from using the stop – and thus any admissions or statements you made during the stop – as well as the arrest – or any confessions, blood tests, or evidence from searches that relied on the legality of that arrest.
We may also be able to challenge the scientific efficacy of their field sobriety tests if they performed them wrong or their blood tests if the equipment was uncalibrated or the blood draw was performed wrong (e.g., if the phlebotomist used an alcohol swab).
Our lawyers might also be able to enter you into programs or negotiate for reduced charges, e.g. to reckless driving.
Call Our Taylorsville, UT DUI Defense Lawyers Today
If you were arrested for drunk or drugged driving, call our DUI lawyers at Overson Law at (801) 758-2287 today.
