If you were arrested for DUI in Utah, you are probably wondering about what will happen to your driving privileges. If you don’t act quickly, your license may be suspended. This suspension could last anywhere from 90 days to two years, depending upon the specifics of your case. Our office is here to walk you through the steps you need to take in order to prevent this.
- Timing is crucial: You need to hire an attorney quickly and take immediate action to prevent a driver’s license suspension. From the moment you receive the citation, you have 10 days to request a Driver License Division (DLD) hearing to fight the automatic license suspension.
- If time has run out to request a DLD license suspension hearing, you may have options for getting your driving privileges back. We can help you file an appeal if your license has already been suspended or revoked.
- At the hearing: The hearing is an opportunity to not only fight your license suspension, but also build the groundwork for your future DUI defense case. This is a particularly important opportunity, and therefore it is important to have an aggressive and experienced lawyer by your side.
- Be prepared: Because the prosecutors won’t be present at the hearing, this is an ideal moment for your attorney to examine aspects of your case that could benefit your defense later, such as flaws in police procedure, holes in the evidence or faulty test results.
- Seize the opportunity: Your arresting officer will likely be called to testify under oath. We have a proven record of success in using a recording or transcript of an officer’s DLD license suspension hearing testimony to impeach his or her testimony in the DUI trial.
DUI Refusal to Test
Many people who are stopped by the police do not know their legal rights. They do not know whether they can refuse to take a portable breath test (PBT), refuse to submit to a roadside field sobriety test, or refuse a breath test after they are arrested. We can help you learn more about your rights and provide you with a strong defense regardless of which test you refused and when.
During your traffic stop: When you have been stopped by a police officer who suspects you of drunk driving, you have the right to remain silent, and we advise that you use this right to only offer the information necessary and nothing further. You also have the right to refuse the PBT test and the field sobriety test.
After your arrest: If you are arrested for a DUI, refusing to take the Breathalyzer test at the station could result in severe consequences, including a driver’s license suspension lasting 18 to 24 months. Having adequate representation by a lawyer with experience handling these refusals is paramount to your defense.
The Prosecution’s Burden Of Proof
Whether or not you refused the PBT test, field sobriety test or the Breathalyzer test, our firm is ready to defend you. If you have refused these tests, the state may have a very difficult time proving the DUI charges against you because it has no physical evidence. Since you didn’t take the test, its options are limited.
In Utah, the state only has two ways of obtaining a DUI conviction: It has to show either that you were above the .08 blood alcohol content (BAC) limit or that you were incapable of safely operating a motor vehicle. Since you did not take the breath test, the state will have to prove that you were incapable of driving safely, something which can be difficult to prove.
Our attorneys have extensive experience in DUI cases and are not afraid to take a case to trial if necessary to protect a client’s rights. If we feel the prosecution is not able to meet its burden of proof, we will not hesitate to take a case to trial and seek a full acquittal on our client’s behalf.
Protecting Your Grandchild
Divorce can be a tumultuous event for all parties involved, but no one bears the emotional burden more than children. While in many cases a judge will grant custody to one or both parents, there are also instances when a child’s best interest lies with his or her grandparents.
Whether the parents are still in the process of divorcing or have already divorced, the Utah State Legislature gives you, as a grandparent, the right to file for child custody and visitation. However, you should understand that it can be extremely difficult to gain a court’s approval. Many judges assume that a child’s best interest lies with the mother or father, and grant custody accordingly. That said, there are several scenarios in which a court may decide that the child would be better nurtured by you.
What The Courts Look At
Courts consider myriad factors when assigning visitation rights and custody, including:
- A parent’s lack of competency or fitness
- The passing or absence of a parent
- Previous care from you as the grandparent
- Unreasonable limitations placed on you
Above all, a judge will consider where the child’s best interest lies when making a decision. We can sit down with you and make a plan that shows your concern is for your grandchild. This will include the gathering of supporting information, drafting of documents, and preparing you for any child custody evaluation as well as the court process.
Free Consultation with Utah Lawyer
When you need legal help, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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