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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 4
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DUI/DWI
Utah

Recent Legal Answers

I was charged in Utah with a DUI, the DMV is standing by their decision do I have any legal footing in this case?

Answered 13 years and a month ago by attorney Mr. Nathaniel D Shafer   |   2 Answers   |  Legal Topics: DUI/DWI
Yes, you may still get your license back if you can manage a not guilty verdict in trial, or a plea to a lesser charge. The Driver's License Division has to reinstate your license once you get a favorable proceeding in the criminal court.
Yes, you may still get your license back if you can manage a not guilty verdict in trial, or a plea to a lesser charge. The Driver's License Division... Read More

Can my son be charged with DUI if he can not remember being in the accident?

Answered 13 years and a month ago by Joseph I Silverzweig (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
This is an unusual circumstance. A person can be charged with almost anything, if the county prosecutor decides that they want to move forward with the case. If the state truly has no evidence that your son was drinking and driving apart from the self-serving testimony of another person in the car, it's entirely possible that he could be acquitted of these charges. You should hire a lawyer, or begin working closely with the public defender, as soon as possible. Once the case begins to move forward, the state will be required to produce 'discovery', which is all of the evidence they have against your son. If their evidence is inadequate, your attorney will know what to do next.... Read More
This is an unusual circumstance. A person can be charged with almost anything, if the county prosecutor decides that they want to move forward with... Read More

Can I fight a DUI if the reason I was pulled over was invalid?

Answered 13 years and a month ago by John J. Carney (Unclaimed Profile)   |   12 Answers   |  Legal Topics: DUI/DWI
Your lawyer can run a suppression hearing on the predicate to pull you over but the officer will come up with some traffic infraction giving him the right to stop the vehicle. Once he has the right to stop you the probable cause to arrest you will come from his observations. he arrest will be held to be legal and the evidence will not be suppressed unless the officer admits that he pulled you over for no reason at all.... Read More
Your lawyer can run a suppression hearing on the predicate to pull you over but the officer will come up with some traffic infraction giving him the... Read More

How do I beat a DUI charge if I wasn't read my rights or took a breathalyzer?

Answered 13 years and a month ago by John J. Carney (Unclaimed Profile)   |   12 Answers   |  Legal Topics: DUI/DWI
You should retain a good criminal lawyer and have him try to get he violation and not the misdemeanor. If it is a low test that should be easy even with a public defender. You should make better decisions in the future as another arrest could result in a year in jail.
You should retain a good criminal lawyer and have him try to get he violation and not the misdemeanor. If it is a low test that should be easy even... Read More

Served 6-month suspension for DUI in different state can the state that license is issued still be suspended even though I already did?

Answered 13 years and a month ago by Michael J. Breczinski (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes they can if the other State reports it to your State.
Yes they can if the other State reports it to your State.

Can the cops arrest me for DUI?

Answered 13 years and 2 months ago by Geoffrey MacLaren Yaryan (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
They can arrest you for a dui even though they never saw you driving if there is other wits or a video. However, if they do after you have been home 30 minutes then they would need to ask you if you had anything to drink after returning home, if you say yes they would have no case. To arrest someone at home they must have a warrant or trick you into coming outside.... Read More
They can arrest you for a dui even though they never saw you driving if there is other wits or a video. However, if they do after you have been... Read More

How can I get my license back after a DUI charge?

Answered 13 years and 2 months ago by Geoffrey MacLaren Yaryan (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
You should have receive a pink paper explaining it to you which also serves as a temporary license. You will not get your hard license back until you complete a suspension imposed by DMV if .08 or above, and by the court if convicted of a DUI.
You should have receive a pink paper explaining it to you which also serves as a temporary license. You will not get your hard license back until you... Read More

Do I have a fighting chance fighting DUI for my prescription?

Answered 13 years and 2 months ago by Michael J. Breczinski (Unclaimed Profile)   |   6 Answers   |  Legal Topics: DUI/DWI
If the prescriptions were not enough to impair you then the answer is no. Get a lawyer.
If the prescriptions were not enough to impair you then the answer is no. Get a lawyer.

Can I appeal a DUI sentence?

Answered 13 years and 2 months ago by Michael J. Breczinski (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
It can be appealed but unless the judge goes out of bounds you will probably lose.
It can be appealed but unless the judge goes out of bounds you will probably lose.

Can I get a misdemeanor DUI expunge?

Answered 13 years and 2 months ago by Francis John Cowhig (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
In California, DUIs remain on your DMV record for 10 years and cannot be expunged from your DMV record. The DUI convictions may be expunged from the court records, at the discretion of a judge, but can still be used as enhancements for future DUI filings and convictions.
In California, DUIs remain on your DMV record for 10 years and cannot be expunged from your DMV record. The DUI convictions may be expunged from the... Read More

If the law does not charge me with a DUI at the time of them seeing me in the truck how long do they have to file charges on me?

Answered 13 years and 2 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
1 year.
1 year.

If Miranda rights weren't read before the confession of being high can they conflict you legally?

Answered 13 years and 2 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
The police can ask questions while conducting an investigation before making a decision to arrest. Any statements made post arrest in response to custodial interrogations may be suppressed. Hire a good lawyer.
The police can ask questions while conducting an investigation before making a decision to arrest. Any statements made post arrest in response to... Read More

What does the disposition Declined Prosecution mean in a DUI case in the Sandy Utah Justice Court?

Answered 13 years and 2 months ago by attorney Mr. Nathaniel D Shafer   |   1 Answer   |  Legal Topics: DUI/DWI
It means the prosecutor dropped the charges on the DUI, so there was no conviction.
It means the prosecutor dropped the charges on the DUI, so there was no conviction.

Will he be charged at a later date?

Answered 13 years and 3 months ago by John J. Carney (Unclaimed Profile)   |   11 Answers   |  Legal Topics: DUI/DWI
It was not a good idea for you to get into a car driven by a guy who had four times the legal limit in his system. He must have been noticeably drunk and you should have taken a taxi. You are lucky to be alive. He might get charged when the prosecutor gets the results of the blood test.
It was not a good idea for you to get into a car driven by a guy who had four times the legal limit in his system. He must have been noticeably drunk... Read More

Can a driver’s license be suspended before a hearing?

Answered 13 years and 4 months ago by Michael J. Breczinski (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
First of all was she charged with OUIL? This is different than being arrested. It means she has had to go to court on the charges. If so then there is a criminal matter and she is entitled to a court appointed attorney if he's qualifies.
First of all was she charged with OUIL? This is different than being arrested. It means she has had to go to court on the charges. If so then there... Read More

Will I be charged still since it wasn't my fault?

Answered 13 years and 4 months ago by John J. Carney (Unclaimed Profile)   |   6 Answers   |  Legal Topics: DUI/DWI
You will be charged with DWI but they can not use the test unless it was done within two hours after the arrest, They cannot revoke your license for refusal since it was not your fault that you could not perform the test.
You will be charged with DWI but they can not use the test unless it was done within two hours after the arrest, They cannot revoke your license for... Read More

Should I plead guilty or not guilty for my first offense for a DUI?

Answered 13 years and 5 months ago by attorney Mr. Nathaniel D Shafer   |   2 Answers   |  Legal Topics: DUI/DWI
A public defender may be able to negotiate for you a better plea deal. Also, a public defender will make sure that your constitutional rights are being upheld in court. There also may be ways of getting evidence suppressed, stuff a layperson would never know, which increases your chances of getting a better plea offer.... Read More
A public defender may be able to negotiate for you a better plea deal. Also, a public defender will make sure that your constitutional rights are... Read More

Should I plead guilty or not guilty for my first offense for a DUI?

Answered 13 years and 5 months ago by Benjamin D. Gordon (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
As a general rule, you should always start with a not-guilty plea. You can always change that plea to guilty later, and you might as well at least bargain and see what you can get in exchange for doing so (e.g. reduced charges, recommendation from prosecutor for reduced jail time/fines etc).... Read More
As a general rule, you should always start with a not-guilty plea. You can always change that plea to guilty later, and you might as well at least... Read More
DUI/DWI
Utah

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