Utah DUI and DWI Legal Questions

If you driving and stopped for a vehicle code violation, arrested for DUI and then requested to provide a sample of your blood or breath, which you failed to provide, you violated implied consent. Yes, without the assistance of a DUI lawyer you will likely lose your license for a year or more and face serious criminal charges (DUI + Refusal).... Read More

Yes. Typically, if you did not provide breath or blood for testing, the officer will provide testimoney in support of his/her position that you were driving under the influence. Such as, smell of alcohol, blood-shot eyes, poor balance, slurred speech, etc. There is also a charge of Operating While "Visably" Impaired which is based solely upon the observations of the police officer. The issue now is, does the evidence or testimony the prosecutor has meet the burden of proof "beyond a reasonable doubt" that you were drunk or on drugs while operating a vehicle. If you had your own blood test done or have witnesses or other evidence that you were not under the influence, then you could get the case dismissed either by the prosecutor or a jury if they choose to go to trial.... Read More

If you were below the legal limit and stopped for expired registration you should hire a lawyer, this is highly defensible case and should NOT resolve for a "wet" reckless unless there are some bad facts that you aren't sharing. If you want a "wet" reckless you can probably do that without a lawyer.... Read More

You will need an attorney to help you win with these facts. This is a good scenario to have "good things happen" in your case. You should call a DUI attorney in your area, he/she can help you win your case, you have 10 days from your arrest to request a hearing from the DMV to prevent the automatic suspension of your license.... Read More

If you refused to provide a sample of your blood or breath you will be prosecuted as a refusal. The prosecution get's to imply that you didn't provide a sample because you knew you were drunk (or over the legal limit). A DUI defense attorney may be able to help you avoid the one year (or more) license suspension and the extra school and jail that accompany a DUI/refusal conviction. Driving under the legal limit is a "clue" under the research done by NHTSA of an impaired driver. Your field sobriety tests are important to the eventual outcome in your case.... Read More

If this is an open and shut case, why are you looking for help? A DUI lawyer brings a tremendous amount of skill and dedication to helping people in your situation, and may not cost as much as you think. The fee is commiserate with the level of experience and the results you are expecting. If the facts of your case are as described, you didn't provide a sample of your blood or breath AND you aren't being charged with a refusal then you should expect a good outcome. If, on the other hand, you refused to provide a chemical test AND you are dating the arresting officer's ex-girlfriend and he's not pleased, you can expect things to go poorly. A quality DUI defense attorney can likely help you with this situation.... Read More

In Colorado, on a first offense DUI with a BAC under 0.20, then you more then likely would not face jail time. However, consulting with a DUI attorney in your area could provide additional information as to potential defenses and mitigating circumstances for your arrest. In addition to any court penalties, you may face suspension of your license and/or qualify for a restricted license through the DMV.... Read More

You should call a lawyer to ask him what to do. That means you have to have a lot of lawyer's cell numbers in your wallet. If you are thinking that far ahead I guess you should just take a taxi and not risk the DWI, but at least you will be covered. You do not have to take the field sobriety tests. If you do not take the breathalyzer your license will be revoked for 6 months and you will pay a $750 civil fine and not be able to get a 20 day order after you plead or get convicted before you get the conditional license for Driving School. You will also not get a plea most of the time if you refuse and it is evidence of consciousness of guilt at your bench or jury trial. If you are very drunk, or if it is a second or third offense refuse the test. If there was an accident with a personal injury refuse the test unless you are sober or only had two or three drinks.... Read More

First, if you do not request a hearing from the Driver's License Division within 10 days of the citation, your driver's license will be automatically suspended; you should request a hearing immediately. Next, you should have a court date in criminal court. At that point you will be given the opportunity to plead guilty or not guilty. If you plead not guilty, you will be given another court date. To have any chance of keeping your driver's license, hire an attorney immediately.... Read More