DUI and DWI Legal Questions

Miranda doesn't kick in until you are cuffed. The cops know this, so they always trick you into talking long before they cuff you. Things like FSTs and all those questions must have occurred long before they told you to turn around and cuff you. You need to hire a DUI specialist, because by yourself you're going to get convicted. Then you will lose your license all over again (except this time it will be worse, because you will be forced to install a IID machine on your car).... 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

Generally, the arresting officer specifies which of the three kinds of tests to be done. You are free to suggest something different, but the officer is not likely to be persuaded. You also have the choice of doing an additional test, but it must be done soon after the first test,, and I think it's at your expense. You are making a big jump, however, in concluding that you 'got screwed,' and have to 'pay out [your] butt.' Are you saying that you were convicted on the basis of an unreliable test? You don't give enough information to be sure why you are connecting a large expense with the officers requiring you to take a blood test which you find unpalatable.... Read More

The DMV process is completely different than the court process. If her blood alcohol level was over the legal limit, she needs to request a DMV hearing within 10 days of the arrest. If she loses the hearing, she will need an SR-22, proof of enrollment in the applicable class and payment of a reissuance fee to get a restricted license. Regardless of whether criminal charges have been (or will be) filed.... Read More

Instead of worrying about how long you won't be able to drive, why not focus your energy and attention on how you can avoid being convicted? The consequences for a drug DUI are the same as those of an alcohol DUI. However, drug DUIs are much harder to prove, because there isn't a specific concentration that the state deems as impairment. With that said, you need to hire a DUI specialist, because by yourself the prosecutor simply won?t budge.... Read More