DUI Consequences

We’ve previously explained that because we are Criminal Defense Attorneys, we have seen that good people can make bad decisions. You know, Utah has some of the toughest DUI laws in the nation. People arrested for driving under the influence (DUI) in Utah face severe criminal and civil penalties, which may include a jail or prison sentence, probation, driver’s license suspension, court-ordered alcohol counseling, placement of an ignition lock device, thousands of dollars of court fines, and an auto insurance rate hike.

DUI – First And Second Offense

A first time or second time DUI offense without any aggravating factors is a class B misdemeanor offense that carries a maximum jail sentence of up to 6 months in jail and a driver’s license suspension of up to 120 days. More severe penalties may be imposed if aggravating factors are present, including physical damage to another driver. [Utah Code 41-6a-503]

Felony DUI

If you are charged with your third DUI in ten years, you are facing felony DUI charges. A third DUI conviction in ten years is a class three felony, subject to a maximum penalty of up to 5 years in prison [Utah Code 41-6a-503]

Refusal To Test

If you are arrested for DUI and refuse to take a breath test, your driver’s license can be suspended for a considerable period of time. An 18 month suspension may be imposed for a first refusal and a 24 month suspension may be imposed for a second refusal to test. In addition, you face criminal penalties if convicted of the DUI charges.

White Collar Crime

White collar crimes are a distinct and highly specialized area of criminal law. Unlike most criminal cases that rely on eyewitness testimony or physical evidence, white collar crimes are prosecuted with the use of business documents, emails and intercepted phone conversations. Defending white collar cases often requires a level of complexity that sets them apart from theft charges, violent crimes and other criminal charges, which is why it is extremely important to secure an attorney who handles these cases regularly.

If you have been arrested or are the subject of a criminal investigation in the state of Utah, get in touch with us right away to start discussing your defense. Our team of experienced criminal defense attorneys has helped many clients who have been arrested or investigated for a white collar crime. We handle a wide range of charges, including:

• Embezzlement and employee theft
• Money laundering
• Fraud charges, such as credit card fraud, mail fraud, wire fraud, fraud using identity theft, insurance fraud, accounting fraud, business fraud and more
• Check fraud and forgeries
• Internet and cyber crimes

Criminal Defense Advocacy And Strategy

If you are facing serious criminal charges of any kind, you want an experienced trial lawyer on your side. We are known for our skilled and aggressive trial advocacy. We believe strongly that our reputation for trial success is a decided advantage for any person facing serious criminal charges.

Part of our strategy is disputing evidence, but even when evidence is undisputed, these cases can be very complex because the interpretation of evidence may by subjective in nature. To successfully defend a client accused of a white collar crime, a defense attorney must be well-acquainted with these types of cases, know how to examine complex documents and have access to reliable experts who can investigate the case and testify at trial if necessary.

DUI Tests & Their Importance

When a police officer makes a traffic stop and suspects that a driver is intoxicated, the officer has several ways to determine if a driver has been drinking.

The first way the officer is likely to detect an intoxicated driver is by smelling alcohol on the breath, noticing slurred speech, or observing red and irritated eyes.

If the officer suspects that the driver has been drinking, he or she may perform an eye test (horizontal gaze nystagmus or bouncing vision test), ask the driver to take a portable breath test (PBT), or ask the driver to exit the vehicle and take a field sobriety test (walking a straight line, standing on one foot, etc).

If the officer believes there is probable cause that the driver is impaired, the officer will make a DUI arrest.

Why Are DUI Tests So Important?

Before a police officer may arrest a driver for DUI, there are several steps that must be taken and several legal thresholds that must be met.

First, the officer must have sufficient cause to make a lawful vehicle stop. If the officer had no reason to stop you, your DUI arrest may have been invalid — and an experienced defense attorney may be able to get your case dismissed.

Second, the officer must have probable cause to make a valid arrest. It is not enough that the officer merely suspects that you were intoxicated. They need to demonstrate that they had probable cause to believe that you were in fact impaired. To do so, they rely on a combination of evidence that includes the results of the PBT test, eye test and field sobriety test.

It is only after your arrest that the officer has a right to have you take the breathalyzer test. This is critical because the field sobriety tests are not a strong form of evidence, and the PBT test only detects the presence of alcohol. The PBT does not provide a valid reading of your actual blood alcohol content (BAC).

Free Consultation with a DUI Lawyer

When you need help from a DUI Lawyer call Ascent Law for your free consultation (801) 676-5506. We will help you.