The repercussions of driving under the influence in Logan can be severe, often leading to jail time and hefty fines. It is crucial to start building your defense and strategizing your case with our attorneys without delay.
Before police officers arrest a driver for DUI, they often conduct field sobriety tests. The results of these tests can be questionable and may be challenged in court. In Utah, the legal blood alcohol concentration (BAC) limit is lower than in many other states, where a BAC of just 0.05% could result in a class B misdemeanor. If someone causes serious bodily injury while over the legal limit, the charges can become more severe, making it harder to clear your record after a conviction. To effectively challenge your charges, our lawyers must gather all the details surrounding your arrest, including the reason for the traffic stop and how the tests were administered.
For your free case assessment with the DUI lawyers, call Overson Law today at (801) 758-2287.
How to Defend a DUI Case in Logan, UT
Not all evaluations used by police to determine a driver’s level of intoxication are reliable. For instance, field sobriety tests, which assess a person’s coordination and balance, can be influenced by various factors, such as a driver’s physical or medical conditions or even their emotional state during the stop.
When building your defense, our DUI lawyers will thoroughly examine the prosecution’s case and evidence, beginning with the traffic stop and arrest circumstances. We will also assess how the police conducted field sobriety tests, blood tests, or breathalyzer tests and the outcomes of those assessments to see how we can challenge them.
When discussing your case with our lawyers, provide as much detail as possible regarding your arrest and what occurred during the traffic stop. For instance, officers may pull drivers over because of behaviors that suggest intoxication, such as swerving. In some cases, officers might only become suspicious of a driver being under the influence after engaging in conversation during a traffic stop for a separate violation, like running a red light.
Keep in mind that the legal blood alcohol concentration (BAC) limit in Utah is lower than in many other states, set at 0.05% rather than the typical 0.08%, as per Utah Code § 41-6a-502(1)(a). Even if a driver’s BAC falls below this legal threshold, police can still arrest for DUI if they believe the driver is unable to operate their vehicle safely.
Challenge the Stop and Arrest
To begin, our attorneys will thoroughly review the details of the traffic stop and your arrest. We will closely examine notes and reports from law enforcement and ask you specific questions about what happened. For example, why were you pulled over? If you were stopped for slightly exceeding the speed limit, what made the officers suspect you were under the influence?
To stop you, the police must have at least “reasonable suspicion” that you are driving under the influence, which is, admittedly, a low bar. It is likely legal if they can articulate any facts reasonable enough to justify the stop. Still, the police must follow strict procedures to build the evidence needed to have “probable cause” to make a DUI arrest. If there were any violations of your rights during the traffic stop, the arrest, or at any point afterward, our team would likely have grounds to have the charges against you dismissed or reduced.
Challenge the Field Sobriety Tests
During traffic stops, police officers often conduct field sobriety tests (FSTs) to evaluate a driver’s potential intoxication. However, several factors can affect the outcomes of these tests, which can lead to unjust DUI arrests. For instance, an injury might hinder a driver’s ability to walk in a straight line or perform other physical tasks that are part of the FSTs designed to assess impairment.
Additionally, officers might administer these tests in a way that overlooks environmental conditions, a driver’s medical issues, or fail to adhere to proper procedures because the officer is in a bad mood.
Because FSTs are based on many subjective elements that our team can challenge, the police will often request the driver submit to either a breathalyzer or blood test to get objective evidence that is much harder to defend against.
Challenge Blood and Breathalyzer Tests
Drivers in Utah automatically consent to undergo blood and breath tests, among others, to determine if they exceed the legal BAC limit, as stated in § 41-6a-520(1). While it is possible for drivers to refuse these tests, doing so will almost certainly result in penalties and fines similar to those incurred for a first-time DUI conviction.
However, officers must have valid grounds to suspect that a driver is operating their vehicle while intoxicated before they can perform a breath or blood alcohol test. If they lack this justification, the results of such tests can be rendered invalid, regardless of their outcome. Furthermore, any complications in processing the blood test results could allow our attorneys to contest the evidence if the chain of custody was broken or affected.
Typically, the prosecution’s case relies heavily on the legality of the traffic stop and the results of these tests. Identifying problems with either aspect could significantly undermine the strength of their case against you. Prosecutors will not want to waste time on a case that they do not have the evidence to support, which is where our team can negotiate to have the case withdrawn or the charges reduced to a lesser degree.
Under § 41-6a-520(4)-(5), you can, at your own expense, also have your own physician conduct chemical testing in addition to the police’s tests. Doing this will generate evidence of your own to compare and use against the state’s. However, you cannot request to consult your doctor or attorney regarding taking the officer’s tests as it is not a condition of your legal requirement to take the tests.
Call Our Logan, UT DUI Attorneys for Help Defending Your Case
Call Overson Law today at (801) 758-2287 for a free, confidential case analysis from our DUI lawyers.
