STOP YOU HAVE ONLY TEN DAYS TO REQUEST A HEARING. If you fail to request a driver license hearing, you will lose your license and there will be little we can do about it. Contact us now to find out how to request a driver’s license hearing and to get help with that hearing. A DUI is nothing to play around with. You need serious help from a serious attorney. We are here to help you keep money in your pocket, stay out of jail and keep your driving privileges. Have you ever thought about getting around Utah without a drivers license? How would you get to work, home or to visit friends and family? You need to take action now to do everything that can be done to protect your driving privileges, avoid serious fines and avoid almost certain jail time.
Utah has some of the hardest laws against impaired driving. The worst part is, that instead of looking for visibly impaired drivers, who are driving improperly, Utah police routinely “fish” for DUI’s by stopping people almost randomly for traffic infractions, such as failure to signal for two seconds before changing lanes, etc., in an effort to “smell alcohol on the breath” ofthe driver. No smell of alcohol equals a warning, and any smell of alcohol, even from occupants, warrants a full fledged investigation; snaring innocent people intending to obey the law, in the criminal justice system, which then treats them as any other criminal.
Many people make the mistake of concentrating on .080 as the legal limit, and although they are partially correct; that is only one part of the two – pronged statute. In Utah, one can be arrested for DUI who has ACTUAL PHYSICAL CONTROL of a VEHICLE with either:
(1) Per Se – Having an alcohol concentration of .080 or greater in blood or breath testing, OR;
(2) Impairment – Having ANY alcohol OR drug in one’s blood, such that one is “impaired,” which is from the officer’s point of view.
VEHICLE: Means any device upon which a person may be drawn or transported on a highway except those devices on stationary tracks. Please note that this includes boats, ATV’s, and Snowmobiles.
ACTUAL PHYSICAL CONTROL: An easy definition is as follows; if the keys to the device are in the ignition, and you are in the vehicle, you are in ACTUAL PHYSICAL CONTROL. Thus sleeping in the back seat of a car even with radio playing, is actual physical control and you can be charged with a DUI.
Warning ! – if you have even a sip of alcohol, or took a Lortab three days ago; you ARE at risk of being impaired and risk receiving a DUI.
One of your first steps should be hiring an attorney that specializes in Utah DUI Defense. Call Stevens & Gailey now for your free DUI consultation. Our attorneys are ready and willing to help and guide you through this complicated process.