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Misdemeanor DUI

The act of operating a motor vehicle after having consumed alcohol (ethanol) or other drugs (including over the counter medications), to the degree that mental and motor skills are impaired is called a DUI or driving under the influence. Whether your case is a felony or a misdemeanor will depend on several factors. You need to speak with a DUI lawyer about your case as soon as possible. Don’t wait.

Misdemeanor DUI

Know Your Rights:

• There must be legally sufficient facts to constitute “probable cause” to stop, detain and arrest you.

  • You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
  • Once arrested, you must be advised of your constitutional rights (the “Miranda Warning”) before any further questioning takes place.
  • You must be given a choice of breath or blood testing; if you refuse, you must be advised of the legal consequences (the “implied consent” advisement).
  • If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense attorney.

Is a DUI a Misdemeanor or a Felony?

  • If you are driving under the influence with a child in the car you can be charged with “child endangerment” which is a felony.
  • It is illegal to have an open container of alcohol in your vehicle, or to drink while in a vehicle – even if the car is parked.
  • It is illegal to operate a boat while under the influence of alcohol (or any other drug)
  • Your car may be impounded for up to 90 days at your own expense, or even sold with the proceeds going to the city or county.

These penalties can seen over the top, but from the perspective of protecting the public, the Utah State Congress has enacted these lawyer. At Ascent Law, our job as a DUI Lawyer Salt Lake City is to protect you and your rights.

Utah man accused of DUI-related death will stand trial

After an alleged domestic confrontation, a Utah man drove away from the situation. Allegedly, he sped up to nearly 60 mph as he approached an intersection. Police say that when he sped through the intersection against a red light, he hit another vehicle, which began a chain reaction accident that ultimately involved nine vehicles. That alleged DUI accident led the death of a 43-year-old mother and the critical injury of her 16-year-old daughter. Seven others in the other vehicles suffered minor injuries.

When police interviewed the man at the hospital, they smelled what was believed to be alcohol on his person and noted he had bloodshot eyes. At the scene, officers reportedly observed that he was slurring his speech. No further information regarding his claimed intoxication was provided.

The allegedly drunk driver faces a litany of charges relating to the accident. In an unusual move, Utah prosecutors decided to charge the man with felony murder in the first-degree. Ordinarily, an individual in his situation would be charged with vehicular homicide in either the third or second-degree. Additional charges include one felony count of DUI, seven misdemeanor counts of DUI and two counts of aggravated assault. One of two domestic violence charges was dropped.

The potential penalties associated with these DUI-related charges are significant. Under our system of law, however, he is presumed innocent until and unless proved guilty in a court of law. His criminal defense team will review all of the evidence the prosecution intends to present to the court. From this information, an independent investigation into the circumstances surrounding the day’s events can be conducted, which should reveal the best course of action in moving forward with his defense.

Free Consultation with a DUI Lawyer

When you need help with a felony or misdemeanor DUI in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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About the Author

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.