Facing charges for driving under the influence (DUI) can have a significant impact on your life. If you have been charged, it is essential to take action with our defense attorneys right after an arrest.
The potential fallout, even for first-time DUI offenders, can be substantial. Those found guilty might face jail time, steep fines, and repercussions like a suspended driver’s license. Once they regain their driving privileges, individuals with DUI convictions might still be required to use ignition interlock devices in their vehicles for a certain period. As we build your case, we will examine any procedural errors that law enforcement might have made during the arrest or while conducting field sobriety tests. Additionally, we can scrutinize any blood or breath test outcomes, looking for processing errors or issues with the chain of custody that could undermine the prosecution’s case.
Call Overson Law at (801) 758-2287 for a confidential and free case assessment from our Provo, UT DUI lawyers today.
How DUI Cases Typically Start and Proceed in Eagle Mountain, UT
Before you even step into the car, police might begin gathering evidence for a DUI stop. However, they typically have specific procedures to follow and burdens of proof to meet to stop and arrest you for DUI. If they rush through these steps and fail to meet the necessary requirements, our DUI lawyers can effectively challenge and undermine the case against you. Your DUI defense essentially begins the moment police stop you, so it is important to know what is required of you during a stop and what rights you can exercise to protect yourself before you have a chance to speak with our team.
Before Driving
Law enforcement might sit outside of bars or implement DUI checkpoints on roads commonly used by intoxicated drivers. Nevertheless, they cannot detain you solely for departing from a bar unless their observations and other circumstances create “reasonable suspicion.” For instance, merely leaving a bar does not provide adequate justification for a traffic stop. However, if you left a bar and immediately swerved, that would likely be enough to justify the stop.
The police are required to announce DUI checkpoints in advance and set them up according to state laws and legal standards. They are not allowed to simply set one up on a whim.
Remember, though, that drivers in Utah can be arrested for driving with a BAC of just 0.05%, according to Utah Code § 41-6a-502(1)(a). This is lower than the 0.08% BAC level that most states consider to be intoxicated.
Initiating the DUI Stop
Most DUI stops occur on the roadside after an officer has pulled you over. For them to stop you initially, they must have “reasonable suspicion” that you are committing a crime. This suspicion can arise if they observe you swerving or driving erratically, see you stumble out of a bar and into your car, or other evidence sufficient to show that you were driving under the influence before initiating the stop.
Alternatively, if they witness you committing another traffic violation, like running a red light or speeding, they have probable cause to pull you over for that violation and then investigate for DUI if they notice any signs of impairment.
When an officer pulls you over during a DUI stop, their primary objective is to gather enough information to establish probable cause for an arrest. They will be on the lookout for various signs, such as the smell of alcohol on your breath, delayed reactions, glassy or bloodshot eyes, and any fumbling when you present your ID and registration.
During the Stop
When stopped for DUI, the police usually request that you undergo several tests to support their suspicions. Although you have the right to refuse these tests, doing so will likely result in steeper fines and various other penalties, including an immediate suspension of your license. Additionally, refusing tests can also complicate your defense down the line.
The police often begin by conducting field sobriety tests, which are a set of assessments designed to evaluate a driver’s balance and coordination. However, a significant issue with these tests is their subjective nature when it comes to determining a driver’s level of intoxication. Officers will most likely not be aware of any medical or physical conditions that could affect a driver’s performance and the test results.
When it comes to proving intoxication, police often rely on blood and breath tests instead of field sobriety tests, which our defense attorneys can easily challenge. In Utah, the concept of “implied consent” forces drivers to comply with testing requests under § 41-6a-520(1). However, a warrant is still required for a blood test. If a driver refuses to take a test, this non-compliance can serve as grounds for arrest on a separate offense and will lead to the automatic suspension of their license. If the police took your blood without a warrant or your consent, our team can argue to have the evidence suppressed.
Defenses to DUI
As previously discussed, there are several key stages in which the police must establish reasonable suspicion to stop you and probable cause to conduct a search or make an arrest. If they fail to meet these standards, any evidence they gathered as a result of this misstep could and should be excluded from your case.
Through “suppression” motions, we can work to prevent them from using the stop and any admissions or statements you made during that time and the arrest. This would include any confessions, blood tests, or evidence from searches that depend on the legality of that arrest.
Additionally, we may be able to challenge the accuracy of their field sobriety tests if they were conducted improperly or question the validity of blood tests if the equipment was not properly calibrated or if the blood draw was mishandled. Our team can also explore options to enroll you in diversion programs or negotiate for lesser charges, such as reducing a DUI to reckless driving.
Contact Our Eagle Mountain, UT DUI Lawyers Toady to Start Your Defense
For a free review of your case, call the DUI lawyers at Overson Law today at (801) 758-2287.
