Utah DUI and DWI Legal Questions

You will have some defenses to look at in our Reckless Driving charges.  What that civilian, non police officer, witness actually saw and reported will be a serious concern.  It does happen that the police officer doesn't witness the alleged conduct and later cites you.  But it opens up the case for more defenses than normal. Reckless Driving is a Class B Misdemeanor.  Carries 80 points on your Utah driver's license.  Jail up to 6 months and a bail schedule $690 fine.    See this article for more information:  https://provocriminaldefense.com/utah-traffic-ticket-defense/ https://www.provolawyers.com/2334-2/ Jake Gunter Provocriminaldefense.com... Read More

I am glad to hear that you are the expert in substance abuse counseling. When the court orders an evaluation and follow-up counseling, they expect to get a copy of the evaluation and updates on how any recommended treatment is going. Otherwise, they would have no way of knowing what you are supposed to do, and if you are actually doing it.Yes, the substance abuse counselor can require you to take random tests as part of your treatment. That is fairly routine for a client who has a drug abuse problem. From what you have said, absolutely nothing is out of the norm, and the fact that you are objecting so much to what is required may be showing the counselor that your drug problem is worse than you think.... Read More

Yes, if the police can prove that you were driving, and under the influence of a drug or alcohol, even if the drug is prescribed. The failure to read you your rights means that you can exclude any evidence they obtained by questioning you. If they did not question you, or did not obtain any evidence for questioning you, it does not matter. In Utah, you can refuse the blood and breath tests, but your drivers is automatically suspended for a year.Most people submit to the tests. If you objected, you can raise that as an issue, but your license will then be suspended., if you win the argument. May not be the best result.... Read More

Even in another state, if you remove the interlock device, you are in violation of your terms of probation, and your license in Utah can be suspended. Most of the states have entered into an interstate compact, and if your license is suspended in Utah, it can be suspended in another state.... Read More

It will be very difficult for them to get a blood test that shows you were intoxicated 2 days before.  Normally they need a blood or breath test that is very close in proximately to the alleged driving event.  The next day, while you are walking home, the longer in time away from the alleged drunk driving incident, the more difficult it is for them to prove.   ... Read More

The statute of limitations applies to the time the state has to file charges. A year seems to be longer than necessary, but it will not be grounds for dismissal. You need to talk to your attorney and find out why the case has been delayed. The driver's license hearing is a civil matter, and the state does not have to prove guilt beyond a reasonable doubt. All the state has to show is that by a preponderance of the evidence you husband was under the influence. If they show that, his will license will usually be suspended.... Read More

If this s a first offense, and it took place in Wisconsin, you are eligible for an occupational license. The waiting period is either no days, or 15 days. (They've change it a few times.) The occupational will permit you to drive to and from work, to a place of worship, and probably to certain other limited destinations. The minimum period of suspension is 6 months, and it could be more. Please keep in mind that the OWI laws have zero flexibility: if you are over the limit, you are guilty of the offense. If you are only a little above the limit, or a lot, affects the penalty, but not the question of guilt or innocence. I suggest you consult an experienced lawyer. It's almost always worth the investment. Good Luck.... Read More

The statute states that a third DUI within 10 years can be charged as a third degree felony. This includes any offense which the statute states is enhanceable, such as a reckless driving, alcohol related. If all three convictions are within the ten year period, the third offense can be filed as a felony, although it may not be filed as a felony.... Read More

In Wisconsin a first offence OWi (= dui) IS NOT a criminal offense. This state is probably unique in that way. No jail time attaches, but the dollar penalties and related costs can mount pretty high. The benefit to fighting a first offense charge, if possible, is that if you succeed, the next such offense is treated as a first offense. If your son is young, there is a stronger risk that he will offend again, so trying to avoid a conviction may be good idea. Have your son consult an experienced OWI lawyer and urge him to discuss the details with the lawyer. Good Luck.... Read More