Category: DUI

DUI Lawyers in Salt Lake City

Potential DUI Law Changes in Utah for 2015

Potential DUI Law Changes in Utah for 2015

The legislature is in session for  2015.  SB150 is seeking to again modify the existing DUI Laws in the State of Utah.  To summarize it appears that  four areas are being adjusted.  If passed the bill will:

  1.   prevent a second time offense from being plead down to an impaired driving.
  2.  Get a screening and assessment for a Felony DUI and appropriate treatment.
  3.  Extend the ignition interlock device requirement to 10 years.
  4.  Make it a crime to drive without an ignition interlock if ordered to do so.

Potential DUI Law Changes in Utah for 2015

The first requirement would make it difficult on prosecutors when the facts would warrant a plea deal to an impaired driving.   If the prosecutor’s ability to plea bargain is taken away, then more people will have no choice but to go to trial and waste time and money.  If they win at trial, then there is no education that could otherwise be beneficial, no rehabilitation, restitution and/or other consequences.  Whereas, a plea to a an impaired driving on a second offense would still require rehabilitative measures.  Hopefully preventing any further DUI’s on our State roads and highways.The second issue is a change in the law because the discretion was taken away on appropriate treatment., but instead requires a mandatory assessment to be completed. The law now requires intensive mandatory treatment that may not be appropriate and in some cases can be expensive.The third issue in my opinion is too extreme and over the top.  Currently in Utah, a person convicted of a DUI is Ignition interlock restricted for 18 months by the Utah DLD.  This gives the first time offender 18 months to deal with the pain and suffering of paying for monitored starting of their vehicle.  The ignition interlock machine is expensive to install, expensive to monitor on a monthly basis.  This issue simply pads the pockets of the ignition interlock companies.

The last issue makes yet another crime on the books for driving a car without an ignition interlock.This bill was put on hold for the moment because the feds are telling Utah that our DUI laws are not strict enough.  NOT Strict enough?  We have no employment license to drive like other states, we send people to prison after just three DUIs, our fines are steep, and  the cost is unbearable for a person to survive when they lose their job, their license and can’t drive.  How do they expect someone to pay all of their fees, costs and counseling when they take away the individuals ability to drive, the legislature might as well take away the individuals job because he/she can’t drive and work.  It becomes impossible for some to bear the financial burden and sets too many people up to fail rather then focusing on rehabilitating.

Potential DUI Law Changes in Utah for 2015

Metabolite DUI In Utah

Metabolite DUI In Utah

Metabolite DUI Utah- Criminally Charged Leftovers

What is a Metabolite DUI? When Driving with a Measurable Controlled Substance in Utah you can be charged with a Class B Misdemeanor. This is close to the famous DUI but it is slightly different because it is not a legal substance that is measured in your system. The unfortunate part is that you can still be serving time for even having the “metabolite” test positive in your body. These criminally chargeable leftovers are not something to be messed with. Best criminal defense lawyer

How Metabolite DUI works.

Scenario:

You are pulled over and the police discover through conversation that you may have smoked marijuana recently. Usually it appears similar to this: Criminal defense attorney salt lake city

Police: I see from your ID that you are from Colorado. The officer then asks if you have ingested any Marijuana or asks when the last time is that you smoked.

You say “yesterday in Colorado before I left on the trip. It helps me relax”

Off you go in handcuffs, stunned and unsure. You were not impaired and were probably only pulled over for speeding. Why are you being arrested? Salt lake dui attorney

You can be charge with a metabolite DUI just for having the substance in your body whether you are impaired or not.  They can charge you with a DUI if they feel that you are impaired.

So what if you recently visited a state where there is Legal Marijuana:

If upon verbal affirmation, it is found that the substance is in your system you can still be charged even if not impaired with a Metabolite DUI. If you smoked or ingested an illegal ( to the state) substance across state line the day before, in a state where it was legal, you can still be charged. It doesn’t mean you will be found guilty but you can be charged. Utah dui attorney

Metabolite DUI In Utah

The states near and surrounding Utah have recently passed laws that make it difficult for citizens to understand and makes it messy for the courts to control. Some have chosen to challenge based on their amendments being violated. American Fork Criminal Defense Lawyer can help you today. Dui attorney utah

How can you avoid having this happen:

Unfortunately, there is no good answer because it really depends on what drug and how it was processed in your body. In most scenarios, marijuana is one of the longest leftover offender. Other drugs that fall in this category would be cocaine, amphetamines and opiates. Ask your Criminal Defense Attorney in American Fork his opinion. Ogden dui attorney

What happens after you are charged with a crime:

A Metabolite DUI is a misdemeanor B charge in the state of Utah. The possibilities can be up to 6 months of jail and a fine of $1000.  Metabolite DUI charges are serious enough that it could carry consequences into the rest of your life. You could lose driving privileges, be on probation and will have a criminal record. If you need to speak with an attorney call an Ogden Criminal Defense Attorneytoday.

What to do :

On most occasions these occur on traffic stops, during police interrogation, on a search or arrest. There are some important constitutional laws to take into consideration. This includes areas about how the searches and seizure occurred and what rights you have during the process. It would be wise to call an Attorney in Ogden Utah Criminal Defense.

Metabolite DUI In Utah

Felony and Misdemeanor DUI

Felony and Misdemeanor DUI

Being charged with a DUI in the state of Utah can be a little unnerving and it requires some experienced legal counsel if you choose to be represented. Utah has very firm penalties for DUI cases. You can be charged with a DUI in both state or district courts. Conviction rates are very high in this state. When you are charged it does not mean that you have been convicted. There are misdemeanor and felony charges for driving under the influence. The penalties for both are very different. Drunk driving defense

A good attorney will help you in your case to represent you and prove your innocence. They can also help limit or find the best outcome by working with the prosecutor before a plea or conviction is accepted. Your American Fork Criminal Defense Attorney or Ogden Criminal Defense Attorney is knowledgeable and can fight for your rights. Have a strong defense is your best bet when you are charged with a DUI. Dui attorney utah

In Utah the criminal code is set up to categorize different crimes into classes of felonies and misdemeanors. The greater offense would be a felony and they carry heavy sentences and sometimes will have longer jail or prison sentences than a misdemeanor. The courts consider history and impact or injury in each case. The severity or the crime will determine which class the DUI will call into. The more severe the injuries the greater the chance for a felony DUI. Dui attorney utah

There are certain criteria that can change a misdemeanor DUI to a felony by a process called upgrading. This includes prior offense. After (3) DUI offenses a misdemeanor DUI may become a felony. Victims of your DUI dying from injuries sustained in the accident or any history of death by vehicle including homicide. A conviction history becomes a key player in your case. The more DUI offenses you have the more likely your current charges are to be upgraded or enhanced. Salt lake city dui attorney

Some of the penalties for a felony could include jail from 2 months to 5 years in prison. Fines from $2700-$9000, treatment program participation, probation and loss of driving privileges. Dui attorney utah

Felony and Misdemeanor DUI

Misdemeanor DUI charges involve cases where there were not as severe circumstances. They can include some very serious consequences. The laws are specific on repeat offenders. It is imperative to avoid conviction on and DUI.  There is a sentencing hearing that is for less serious criminal offenses. These sentences include jail time. As little as 48 hours and some times up to 10 days on your second offense. The maximum jail sentence is often 6 months in the county jail. All DUI sentences will include some type of fine and most likely a suspension to the driving privileges. Best criminal defense attorneyBest criminal defense lawyer

The first time could have a suspension from 120 days to two years and after your second offense your license could be suspended for up to two years. Fines range from approximately $1400-$1900 and sometimes include additional fines and fees. Probation may be a term of your sentence and first offenders can get lessened probation. Repeat offenders may be placed on supervised probation. Utah criminal defense attorney

Prime for Life classes have been tested to help assist and reduce the chances of repeat offenders. Utah imposes screenings for drug and alcohol. This may be in combination with classes for drug and alcohol abuse. Convicted offenders are required in Utah to attend the classes in an effort to limit the risk of repeating DUI behaviors. Utah attorneys

American Fork Criminal Defense Lawyer Ogden Criminal Defense Lawyer Salt Lake City Criminal Defense Lawyer at Stevens and Gailey are here to help you through your DUI.  Call us today for your Free Consultation.

Felony and Misdemeanor DUI

Utah DUI & Your License

Utah DUI & Your License

After you have been pulled over and the thought quickly settles in the knowledge that you have been charged with a DUI don’t panic just yet. There are American Fork Criminal Defense Attorney andOgden Criminal Defense Attorney that have defended many in DUI cases. Many Attorney’s will do the drivers licensing hearings for you in an effort to preserve your licensing privileges. If you miss a deadline or forget to fax the number you were provided, you risk suspension due to an administrative error. The rules are not forgiving and they are often complex. Unlike other criminal cases, DUI defense is a specialized type of defense. Not just any attorney can or should represent you. The American Fork Criminal Defense Lawyer or Ogden Criminal Defense Lawyer should have additional training, positive case resolution history experience and a good working relationship with the prosecutor.

After a DUI has occurred it is imperative that a hearing is requested with the Drivers License Division. This must be done within 10 days after the DUI was issued. That is NOT ten working days. It is ten consecutive days including holidays and weekends. The rules are very specific. If the request timeline is missed that is virtually nothing you can do. Occasionally an individual will be allowed to request a review for a late hearing. These requests are rare and are generally not granted. Remember, you can fax or take down your hearing request to the Driver License Division in person, but do not miss that ten day deadline. I recommend you go the day after and just get it done.

One very important step to take is to get all of your reports. In the State of Utah you are entitled to all of the reports for your DUI. This includes any testing, results, video, reports, etc. If you don’t ask for it you run the risk of going into the hearing without adequate time to review all of the evidence that will be used at the hearing.

Utah DUI & Your License

After you have reviewed all of the information it is important to decide which items don’t make sense to you. Choose your battles wisely. Make sure you ask the right questions during your hearing. If you believe that a procedure was done incorrectly ask the officer where his or her training was and to describe each test and the procedure. You can even ask how many times he or she has performed the tests. If you are looking for facts it will not irritate the hearing administrator. If you begin accusing and being rude, insubordinate or unable to follow the rules the hearing officer will likely move on and that could hurt your case. Make sure you do your homework and you are sure of the problems with the case.

If all else fails and you loose with the Driver’s License Division, you have the right to appeal. A few weeks after you have the hearing you will get a notice in the mail. It will include the date your driver’s license will be suspended if this is your first DUI. You can request a review but it must be done in writing and must be done before it is suspended.  If you get the review letter back saying that they are still suspending you do have options. You can appeal to the local district court and have your case heard in front of a judge instead of a hearing officer.  You should probably be aware that in Utah the AG’s office will usually take the case and the prosecutor in charge of these cases is very skilled and talented as well as aggressive so be careful going in not represented by an attorney.

In the end if you lose the appeal you still have rights to take your case before the Court of Appeals and the Supreme Court but do know that there has to be something very wrong with your case for you to win at that level.

It is very important to remember that the Drivers License hearing is separate from your criminal case. While the information between the two will involve the same incident and evidence they are handled separately at the beginning. Having a knowledgeable attorney with experience and the ability to represent you is paramount.

If you or someone you know is facing a DUI help is only a phone call away. It’s worth the call for peace of mind and some advice on how to regain traction in your case.

Utah DUI & Your License

How Do I Communicate With My Attorney

The first step in hiring a lawyer is explaining why you need a lawyer or an American Fork Criminal Defense Attorney or an Ogden Criminal Defense Attorney. The importance of communicating effectively and clearly is a priority.

Let us start with why communication is the most important part.

The Attorney client relationship will work better when both of you are able to talk about the facts of the case, your opinions and your motives honestly. This will form a better working relationship between the two of you. You have to trust that your lawyer understands you and is willing to tell your side of the story.

When you are sharing information it should smoothly flow both way with you and the lawyer. It is a two way street so your lawyer should fulfill your need for all of the information just as you should give your American Fork Criminal Defense Lawyer all the information they are asking for. If the Ogden Criminal Defense Lawyer needs to have information the best thing to do is to provide them with ALL of the evidence they are asking for. If your attorney doesn’t have all of the correct information and you provide incomplete facts it will affect their ability to give you good advice about your case. Incorrect facts and incomplete statement may be more damaging then to no evidence at all.

When you meet  with your lawyer make sure you understand the advice fully that they are giving you. If you are having trouble understanding or you can’t commit to the advice talk to your Ogden Divorce Attorney about. After all that is why you hired an American Fork Divorce Attorney. It is important to understand the terminology and the consequences of a decision like a settlement proposal or a plea agreement. Always ask why. A good American Fork Criminal Defense Lawyer will provide for time to really talk about your concerns until you understand fully. Remember this is your life, family and career. Ask your Ogden Criminal Defense Lawyer as many questions as you need to.

Personal History

Your criminal defense attorney Ogden or Divorce attorney american fork  might also ask you to provide a small summary which can include any marriages you have had previously and might want an accounting of your finances. When the children are discussed as part of the case more likely than not you will need to have those financial statements prepared and ready for your Ogden Divorce Attorney.  It is wise to also keep a journal of events when dealing in a civil matter including a divorce case. You will want to talk about your feelings and how you feel about your daily life. Hold nothing back.

Stay Updated and Update Your Counsel

During a stressful criminal case or even a divorce matter Your American Fork Criminal Defense lawyer or your Ogden Criminal Defense Attorney may be contacting you. Most cases will go through periods of little to no communication at different points through the case. , Make sure you let yourAmerican Fork Divorce lawyer know if anything substantial changes will want to let you know. Keep in touch with your Ogden Divorce Lawyer and let them know if your address changes or you are leaving for an extended time.

It is important to remember that your attorney will have more than once clent and that they do spend considerable time in court. Its unreasonable to expect that they will alway be there when you call and available to discuss your case. Sometimes an email is a better form of communication and it can be addressed when the attorney has time to dedicate to your case. The staff should respond and let you know that they recieved the call or email and will get back to you shortly. Always remember that a courteous client makes for a happy lawyer.

The opposite is true as well. Make sure you are returning the documents and communications in a timely manner.

Talking Finances

The attorney will ask you for all of you financial information especially in a divorce, bankruptcy or even a criminal case. Most times they will request that you to fill out information. When providing financial information remember to include all of the money coming and and going out of your home. This includes all income sources, anything you own (assets), bank statements, bills, etc.  Sometimes an attorney will want to review other documents that may take time to gather. Examples: tax returns, pay history stubs and employment history, bank ledgers for your savings and investments, employee benefit statements (cafeteria plans, Christmas savings plans), and other documents regarding the debts you currently owe. It is important to be timely and get this information for review to your lawyer so that they can properly prepare for the case.

 

DUI’s and the Suspension of Your License

DUI’s and the Suspension of Your License

In addition to receiving fines, jail time, community service, and other penalties, Utah drivers who are arrested for Driving Under the Influence will also temporarily lose their driver’s license.  A license suspension can be the start of a downward sprial for people who live and work in Utah, especially those who rely on their cars to commute to work, get to school, or bring their children to daycare.  So how can you restore your suspended Utah driver’s license after being charged with drunk driving. Dui attorney utahDui attorneysDui utah

How Long Does Utah’s DUI License Suspension Last?

The answer to this question really depends on the nature of the underlying offense.  Factors like: the total number of intoxicated driving offenses; whether you refused a breathalyzer test; and your age at the time of the incident can all impact the length of your license suspension. Utah criminal defense attorney

A minor driver whose cases involved underage drinking are subject to Utah’s zero tolerance “Not a Drop” law, which prohibits minors from driving with any trace of alcohol in their system — even with a BAC well under 0.08%, the normal threshold for making DUI arrests. The threshold is also lower for commercial drivers, such as professional truckers: just 0.04%, or half the standard level. Drunk driving defense

DUI’s and the Suspension of Your License

Currently the suspension periods by number of offense are as follows:

  • First Offense— 120 days
  • Second Offense— 2 years
  • Third Offense— 2 years

If you were a minor, your suspension period is based on (1) your specific age, and (2) whether the arrest was made on a “Not a Drop” basis (i.e. zero tolerance), or a standard or “Per Se” basis (i.e. BAC of 0.08% or higher).

  • Under 19
    • Per Se — 2 years
    • Not a Drop — 1 year
  • 19 to 20 
    • Per Se — 6 months
    • Not a Drop — 6 months

How can you restore your license?

Be forewarned that your license will be automatically suspended unless you act. Dui lawyers salt lake city

Your first step is to request theDLD hearing.  You must do this within 10 days of being arrested — including weekends, holidays, and so forth — or your legal recourse will be severely limited.  While not impossible, it is extremely difficult to successfully obtain a hearing if you miss the 10-day deadline.  Making sure you meet the deadline will keep the legal process that much smoother, faster, and more efficient for you. Criminal defense attorney ogden utahCriminal defense attorney salt lake city

To request a hearing, fill out the Hearing Request Form supplied by the Utah Department of Public Safety (Driver License Division).  This is a short, one-page form which asks for simple information likeyour license number, your SSN, the county where you were arrested, and the name of your legal counsel.Remember to fax the completed form to the Driver License Division at (801) 964-4499. Dui lawyers in salt lake city

At the hearing, an Administrative Law Judge or “ALJ” will hear your case and determine whether a license suspension would be appropriate, which only underscores the importance of having aggressive legal representation.  Other people who may be present at the hearing include your lawyer, and your arresting officer (though he or she may be “present” via phone). Criminal defense attorney ogden utah

Keep in mind that the hearing is a civil matter, and is completely separate from the criminal component of your case.  If you are later found not guilty, or the criminal drunk driving charges are dismissed, your license can be restored faster.  Lawyers in salt lake city

If you’ve been charged with drunk or drugged driving in Utah, or if you’re facing penalties due to refusing to submit to a breathalyzer test, the experienced attorneys at Stevens & Gailey, P.C.will fight your charges and help get your driving privileges restored.  To set up a private and free case evaluation, call our law office today.

DUI’s and the Suspension of Your License