Utah takes aggressive measures against intoxicated driving, and the penalties for a conviction can be harsh. If you are found guilty, you face a long list of consequences including jail time, costly fines, the loss of your driver’s license, mandatory community service, court-ordered counseling for substance abuse, and having to install a breathalyzer device in your own car. DUI charges will not disappear on their own, so if you have been arrested for drugged or drunk driving in Riverton City, you need to take immediate action before it’s already too late.
Many people mistakenly think that because DUI is a somewhat common offense, it isn’t necessary to approach the charges with the help of a lawyer. But without an attorney to guide you through the justice system, analyze the evidence against you, and protect your legal rights, you increase your risk of making incriminating statements and ultimately, of being convicted. Darwin Overson will counsel you throughout the court process, and will advocate aggressively to have your charges reduced or even dropped altogether.
Time is of the essence when it comes to defending criminal charges, and you can’t afford delays. To set up your free and confidential case review, call the DUI defense attorneys at Overson & Bugden at (801) 758-2287 today.
DUI Pullovers in Riverton: Expectation vs. Reality
You may have expectations about what should have happened when you were pulled over to be investigated for drunk driving that did not match what actually happened in reality. In many cases, your expectations are right, and there may be elements missing from what the police did that actually make the stop illegal. We will explain some of the main legal points and standards for what needs to happen during your traffic stop – and if any of these are missing or they were done improperly, we may be able to get the stop, the arrest, and even confessions thrown out.
Initial Stop
Police need reasonable suspicion to stop and detain you. They essentially cannot start investigating you for DUI unless they have some reasonable, articulable suspicion that you were driving under the influence – something they can actually explain to a judge, not just a gut feeling.
Police usually have this when they witness you swerving, speeding, suddenly stopping and starting, or when they see you stumble over to your car after leaving a bar. In many cases, however, they do not have enough information. For example, simply seeing you leave a bar and get in your car is not enough to show you were drunk; swerving around a visible pothole is not enough. If police did not have enough evidence to stop you, the entire stop and all evidence obtained from it should be thrown out.
Alternatively, police can stop you for another offense they witnessed, such as speeding or running a stop sign. In this case, they have more than reasonable suspicion, usually rising to the level of probable cause. When they stop you and write you a ticket for that offense, they can begin a DUI investigation if they notice you smell like alcohol, were slurring your speech, or exhibit other signs that make them suspect you were driving under the influence.
Standards for Searches
Police usually have no grounds to search your vehicle unless they have probable cause that there is evidence of a crime there. This means that they cannot tell you to get out and let them search for marijuana or other drugs under suspicion of drugged driving unless they already have probable cause.
They can, however, request permission to search your vehicle. Often, the way they ask will be vague or awkwardly worded so they can say that they got permission, but you might not have actually given consent, especially if you did not know they needed probable cause to search your car. Our DUI defense lawyers can try to argue that the language used to obtain permission for a search was insufficient and that they did not actually have probable cause or permission to search your car.
Standards for Sobriety Tests and Breathalyzers
When police suspect you have been driving drunk, they will look for signs like slurred speech, odor of alcohol on the breath, stumbling movements, slow movements, and fumbling with paperwork/ID. However, they have better evidence of your drunkenness if they have you perform field sobriety tests or blow into a breathalyzer.
During a traffic stop, police cannot make you perform field sobriety tests or blow into a presumptive breath test. You have the right to say no to these things. Police might not have made that clear, but if you performed these tests anyway, it might still be deemed voluntary.
If you said no, they cannot usually use that against you. They might threaten that you have to perform the tests, but the only necessary test is a blood draw test that takes place post-arrest – and they need a warrant before subjecting you to that test anyway. Only then does refusal have specific penalties attached.
Standards for Arrest
Once they have evidence they have observed, plus evidence of how you performed on your sobriety tests, police might make the decision to arrest you. They need enough evidence for this decision, or else we can have the whole arrest thrown out. To do this, we need to review the facts of everything that happened up to this point and look to see if they have enough “probable cause” to arrest you, or else the judge should dismiss the case.
Standards for Blood Tests
Police in Utah typically use blood tests to determine BAC levels or the presence of drugs in your system. They can do this after an arrest – meaning they need probable cause to arrest you in the first place. They also need a warrant to perform the test.
Police may be permitted to use other testing that is less invasive – such as a post-arrest breath test – without additional warrants, but these are not as common in Utah.
Standards for Interrogation
Before an arrest, police do not need to warn you of your right to remain silent, right to an attorney, etc. at that time. They can begin asking you questions without warning while you are detained during a traffic stop, and anything you say can still be used against you.
Once they have arrested you, however, they need to read you your Miranda rights if they will be asking you any questions while you are in custody. At the time of questioning – not at the time of arrest, like in movies and TV shows – they will tell you about your right to remain silent and to have an attorney present. If they do not, the questioning and any evidence or confessions they obtain from you might be inadmissible.
At the time of questioning, whether before or after arrest, you can always say that you do not want to answer any questions and will not do so until your lawyer is present. Then, you can call us, and we can talk to the police for you. We can potentially convince them to drop charges if their evidence is weak or potentially seek reduced charges for cooperation. If you prefer, we can also fight the charges at trial.
How Our Riverton DUI Defense Lawyers Can Help
Unfortunately, the fact of the matter is that intoxicated driving charges have the potential to negatively impact your life – even long after your conviction and sentencing are over. With a drunk or drugged driving incident logged on your criminal record, your arrest and conviction will be visible to any employer or landlord who decides to conduct a background check. Needless to say, these are major problems that can cause dramatic disruptions to your everyday life.
With so much at stake, you need a dedicated and experienced DUI attorney on your side. Darwin Overson has more than 25 years of experience defending the residents of Riverton City and Utah and works with both adult and juvenile clients. Even if your alleged incident involves factors like underage drinking, high BAC, or injuries to pedestrians or other motorists, Darwin Overson can help fight the allegations and strive for the best outcome possible.
Fines and Penalties for a DUI Conviction in Riverton
For most people, the biggest concern following a DUI arrest is what potential penalties they could be facing. Unfortunately, a conviction can carry very serious repercussions.
Categories
DUI is often categorized as a Class B Misdemeanor. However, under Section 41-6a-503 of the Utah State Legislature, it can become a Class A Misdemeanor if the defendant…
- Physically injures somebody
- Was driving with a passenger under 16 years old or
- Was at least 21 years old and had a passenger under 18 years old
Under the same statute, DUI can even be a third degree felony if the defendant has two or more previous convictions from within the past 10 years or seriously physically injures somebody. Utah law defines “serious injury” as an injury which results in either “serious permanent disfigurement,” long-term loss or impairment of function, or “substantial risk of death.”
First Offense
For a first offense, the minimum fine is $700 but is often closer to $1,400. In addition to the financial penalties, you could also be jailed for two days, be ordered to complete 48 hours of community service as well as substance abuse counseling, and your driver’s license could be suspended for about four months (120 days). This suspension period used to be 90 days but was increased with the passage of Senate Bill 272 in 2009. It should also be noted that if you are under age 21, your license may either be suspended for 120 days or until your 21st birthday – whichever period is longer.
Second Offense
For a second offense, the jail sentence increases to 10 days, while the minimum fine increases to $800. However, the fine for a second offense can be as high as $1,850. In particular, the license suspension for second offenses increases very dramatically, rising from 120 days to a period of two years.
Fighting Suspensions
If you wish to fight a suspension, you must request a hearing with the Utah Driver License Division (DLD) within 10 days. If you do not, your license will be automatically suspended. For those who lack ready access to alternate transportation – particularly for those who rely on a vehicle to commute to work – this lengthy suspension period can be even more devastating than the fines and jail time.
Call Our Riverton DUI Defense Attorneys Today
If you have been charged with intoxicated driving or aggravated DUI in Riverton, it’s critically important to contact an attorney right away. For a private, no-cost case evaluation, call Overson & Bugden at (801) 758-2287 any time – 24 hours a day, seven days a week.
