Utah DUI and DWI Legal Questions

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96 legal questions have been posted about dui/dwi by real users in Utah. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
Utah DUI and DWI Questions & Legal Answers - Page 2
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Recent Legal Answers

Can you be chargerd with dui if breath readin is under legal limit

Answered 11 years and 10 months ago by Ms. Catherine R Cleveland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Utah has a Zero Tolerance law so even if your below a .08 you can be charged if you have "any measurable amount"
Utah has a Zero Tolerance law so even if your below a .08 you can be charged if you have "any measurable amount"
Yes, you probably can. If it has been at least 5 years since the conviction has been entered, then you are now eligible for expungement. You said it happened in 2008, but what is important is the date when you plead or were found guilty of the charge. The prosecutor can object to expungement, and depending on your case history that may or may not happen. If the prosecutor does not object, then a judge should grant the expungement.... Read More
Yes, you probably can. If it has been at least 5 years since the conviction has been entered, then you are now eligible for expungement. You said it... Read More

How can I get my license back after being confiscated by the police?

Answered 12 years ago by Michael J. Breczinski (Unclaimed Profile)   |   6 Answers   |  Legal Topics: DUI/DWI
Did they charge you? If not then ask for the license back.
Did they charge you? If not then ask for the license back.

What do I do to get my dadโ€™s car back after I got a DUI in it?

Answered 12 years ago by Michael J. Breczinski (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
Probably by talking to the prosecutor and the police and paying the impound fees.
Probably by talking to the prosecutor and the police and paying the impound fees.

Can I get DUI or summons to court after cop let me go and did not do sobriety test or breath test or written citation?

Answered 12 years and a month ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
Probably not. There is no evidence that you were under the influence and officer never cited you. You should have nothing to worry about.
Probably not. There is no evidence that you were under the influence and officer never cited you. You should have nothing to worry about.

If you have a DUI charge from 3 years ago and recently got another, can you travel within the US still?

Answered 12 years and 5 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
He can travel out of state unless there is some type of probation order that contains a restriction.
He can travel out of state unless there is some type of probation order that contains a restriction.

Will my boyfriend go to jail for missing a DUI court date?

Answered 12 years and 5 months ago by Hudson Thomas Bair (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
If he has already appeared before the Judge and he was not remanded (taken into custody) then he is done with Jail until the outcome of his case, which may involve jail, you weren't clear on whether this was a first offense, second, third or more.
If he has already appeared before the Judge and he was not remanded (taken into custody) then he is done with Jail until the outcome of his case,... Read More

Is this a DUI case?

Answered 12 years and 5 months ago by Michael J. Breczinski (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
It is enough to take the mater to trial but they may not be able to win unless they got a warrant and took a blood test.
It is enough to take the mater to trial but they may not be able to win unless they got a warrant and took a blood test.

Can I get a DUI if I was standing away from the car and the key was not in the ignition and the engine was not on?

Answered 12 years and 5 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
Maybe but you might have a good defense to the case. Contact a DUI attorney ASAP.
Maybe but you might have a good defense to the case. Contact a DUI attorney ASAP.

If I am deaf, at a DUI check point I told officers about a very small amount of pot in the car, shouldn't they have read me my rights?

Answered 12 years and 8 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
Miranda rights are required if: 1. You are in custody. 2. You are questioned about the circumstances of the offense while you are in custody.
Miranda rights are required if: 1. You are in custody. 2. You are questioned about the circumstances of the offense while you are in custody.

Driving while impaired, 0.07 on the breathing test can I get this dropped, or at least reduced?

Answered 12 years and 8 months ago by Robert J. Sisson (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
Very possibly. You need an attorney.
Very possibly. You need an attorney.

Can I challenge an officer's reason for pulling me over for DUI?

Answered 12 years and 8 months ago by George E Downing, Jr (Unclaimed Profile)   |   10 Answers   |  Legal Topics: DUI/DWI
You can subpoena his dash video. Other than that, your prospects are dim Downing Law Firm.
You can subpoena his dash video. Other than that, your prospects are dim Downing Law Firm.

If I just got my 2nd DUI in 4 years, is it possible to avoid jail time?

Answered 12 years and 8 months ago by attorney Laurie A. Schmidt   |   9 Answers   |  Legal Topics: DUI/DWI
In Colorado, a second offense carries a minimum of 10 days in jail and the time must be served in jail, if the offense occurred within five years of the first DUI. Typically the courts give more than the minimum time. Depending on the facts and circumstances of your case, you may have a viable defense. You should consult 3 or 4 DUI attorney's in your area. Many DUI attorneys will offer free consultations.... Read More
In Colorado, a second offense carries a minimum of 10 days in jail and the time must be served in jail, if the offense occurred within five years of... Read More

Can I use spousal privilege?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   6 Answers   |  Legal Topics: DUI/DWI
You don't have to answer any questions, regardless of spousal privilege. You are not under arrest, you are not under suspicion of a crime. If they pursue you, tell them you will come to the police station with your attorney.
You don't have to answer any questions, regardless of spousal privilege. You are not under arrest, you are not under suspicion of a crime. If they... Read More

Can I use spousal privilege?

Answered 12 years and 8 months ago by Michael J. Breczinski (Unclaimed Profile)   |   6 Answers   |  Legal Topics: DUI/DWI
You do not have to talk to the police since it could have been you driving the car.
You do not have to talk to the police since it could have been you driving the car.
Without knowing all of the facts it is difficult to state whether you have a good case to fight the DUI. Certainly you raise some issues that need to be looked into further.
Without knowing all of the facts it is difficult to state whether you have a good case to fight the DUI. Certainly you raise some issues that need to... Read More

Will my license be taken away on a 2nd DUI offense?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   20 Answers   |  Legal Topics: DUI/DWI
Yes.
Yes.

Is being a driver in the HOV lane probable cause?

Answered 12 years and 10 months ago by Michael J. Breczinski (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
If you are violating the law, then they can pull you over.
If you are violating the law, then they can pull you over.