Should I Go To Trial For DUI?

Should I Go To Trial For DUI

Percentage wise, very few cases actually go to trial because it would be a matter of having a good enough legal or factual issue to actually take the case to trial, along with actually having the funds to do that. Probably, somewhere around 1 or 2% of cases actually make their way to trial, whereas the vast majority of cases end up in a plea agreement with another small percentage ending in the dismissal of the case in full. Sometimes, there really would not be any risk involved in taking the case to trial but it would just be a matter of the financial aspect where it would often not necessarily be worth it for someone to pay thousands of dollars extra to take the case all the way to trial if there wasn’t a good likelihood they would win. The public defender would probably end up going to trial more often than a private attorney simply because there would be no additional funds required when taking the case to trial with a public defender.

Unfortunately, a lot of attorneys are simply interested in their own pay day so they recommend their clients to go to trial and they tell them what they want to hear just so they would keep paying them and so they could get more money. One of the biggest determining factors is whether or not the person was asleep in their vehicle while they were parked on the side of the road or parked in a parking lot. One of the defenses against DUI charges is the Shelter Rule defense and this would apply if someone was in a parking lot and they were asleep. This rule basically says that as a society, we want to encourage people who are too drunk to be driving to pull over to the side of the road or pull into a parking lot and sleep off the affects of alcohol or find another way home. Unfortunately, officers are still looking for that type of scenario and they are arresting people and charging them with DUIs. Sometimes the cases that really should be dismissed are the ones that end up being more likely to go to trial because as an attorney I simply cannot recommend for my client to take a plea agreement to something they did not do. It would always be up to the client whether or not they wanted to take a plea agreement even if I had advised them it would be in their best interest to go to trial.

Realistically, the client could decide whatever reason they wanted to go to trial. The client would not have to explain their reasoning for why they wanted to go to trial, because it would be their constitutional right to go to trial. I would only be able to advise them with respect to my thoughts about them going to trial and what their options would be so they could make a fully informed decision on how they wanted to proceed. It would be perfectly fine if they wanted to go to trial and it would be perfectly fine if they wanted to take a plea agreement. DUI trials are expensive. You have at least one or two days in court and you have a lot of preparation time to get ready for a trial. Sometimes, you have the cost of an expert witness, if you need it. So it can be in the thousands of dollars for the cost of the trial. If you really want to do it and do it right. But like you mentioned, you have to weigh that with the risk of having a conviction. If you have some pretty good defenses and good explanations and you have a strong case, then it is worth it to spend the money to go to trial because the long term ramifications of a DUI conviction; the jail time, the possible loss of the license, can far outweigh the cost of the trial. There are statistics out there and analysis of the costs of a DUI and a DUI conviction. When you are talking rental cars and increased insurance, lost job opportunities, The cost can range anywhere up to $200,000, the possible long term ramifications of a DUI conviction. So if you can spend $5,000 to $10,000 on a trial for a DUI and get an acquittal, if you have some strong defenses, then it is well worth proceeding this way.

One of the most important things that clients must know is the trial process, one is, they are giving control of the outcome of the case to someone else. If they are going to trial, they are letting a judge or juries determine the outcome of the case versus they are making the decision on a plea deal. And I think the second most important thing that I try to explain to them is the jury itself. They are given instructions to follow the law and weigh the evidence and to not make a decision until they have heard all of the evidence and there are a lot of things that go on in that jury room. But ultimately, you just never know and it is tough for members of juries, because in a small group like that, you have someone who is going to emerge as a leader. Sometimes that leader will tend to sway the others, a kind of pack mentality.

Whereas if you have a jury of eight or more people, you might have two pack leaders. You might have a pack leader for not guilty and you might have a pack leader for guilty. It would be tougher to get the whole jury to go guilty if you have a pack leader that is arguing for not guilty. Whereas if there are just four people and you have a pack leader of guilty, then the odds are greater, that there could be more guilty verdicts. It is just tougher. I am saying that with the four member jury, I believe the jury trials are tougher just because there are fewer people that have to make a decision, and in the smaller groups, people might be easier to sway one way or the other. I guess the vital thing would be is even though the jury was instructed to follow the law and not make a decision until they have heard everything, sometimes that they might not do that. They might have a certain feeling or a certain bias about maybe the way you look or if you did not testify, they might hold that against you and so it can be a big risk. So they need to know those things. Sometimes there should not be, but sometimes there is a distinction. When you are talking about representing, the attorney is there for them, the attorney might be dealing the very minimum, making sure just a brief overlook of the facts and moving on and looking for the best possible plea deal, or there is zealously advocating for your client where you do not leave any stone unturned so to speak. Even where you are not just taking a cursory look at the police report, you are going further, you are investigating the officer and you are looking at the blood test results. You are pulling information from the lab and the lab analyst and going over their training and qualifications; or the breath test machine.

You are not just relying on the test result; you are pulling the maintenance certificates and the calibration records and seeing if there have been any problems with the machine. There is a difference there. Most DUI attorneys, they understand and they understand that to get a good outcome, they have to zealously advocate, they have to go and dig deeper into the case than just being there to represent someone. In almost every case, unless there are technical issues, we prefer a jury instead of just appearing in front of a judge. The reason being, the odds are better going in front of twelve of your peers versus going in front of a judge in order to obtain a not guilty verdict. In regards to how many cases go to trial, it depends on what attorney we are referring to. Typically about two percent of cases end up going to a jury trial. For some attorneys, it can go either way; it just depends on the cases. There might be times where ten percent or more of these cases will go to trial. But typically, the case that is going to trial is going to be the one where this is the wishes of the client. The client always has the right to go to a jury trial, and a typical trial case would be one where the chances of winning far out way the other.

Generally, most criminal defense attorneys are good lawyers who fight their DUI cases. There are some out there that never go to a jury trial. All they do is pleading their clients guilty, every time. Some of the criteria when considering a trial in defending a DUI case is what is the strength of the case the risk and the potential penalties. In many cases when a deal is offered, they will lose a trial. The penalties are not going to be that much different. In that case, you can afford it. If you have the time, go to trial, it is recommended. But there are a number of counties and cases where if you do go to trial, you are looking at a penalty that is much worse than if you do not. You want to make sure in those cases that you have a chance to win and that you can handle the consequences if you are found guilty. In a DUI case, for a first offense without any extra allegations, the maximum penalty is six months in jail, which means the worst that you would do if convicted is three months in jail. In most cases, the judge is not going to offer that light of a sentence. Most attorneys should be able to look at the possible penalties involved and then balance that with your chances of winning. We then start looking at all the different offenses involved, and we focus on a handful of defenses that we think will get the jury trial to come to a not guilty verdict. Worst case scenario is a hung jury and hopefully the DA will not refile and then case is over.

Different types of defenses that we look at are the elements of the offense. For example, drunk driving, you have to be driving, so we want to look at whether or not the officer saw you driving, whether the DA’s office can prove you were driving and was there a witness who saw you drive and called it in. The other issues are where you impaired when you were driving, or were you at or over a 0.08% blood alcohol level when you were driving. We would look at the field sobriety tests and other aspects of the case, the investigation that the officer did, video and audio reports of the actual driving, conversations, and then there are the chemical test results; which are the breath or blood testing and what procedures were utilized to administer them. Was there any margins in errors with the testing, issues with the machines or can they prove beyond a reasonable doubt that you were out or over a 0.08% BAC level and was the machine acting properly, working properly and were there issues with the blood test, was there some type of contamination and were there mycobacterium that could cause a false positive on a blood test. There are many different defenses, but in most cases, there is only one or a handful that might work. There are some attorneys who will avoid going to trial and almost always plead their clients guilty. These are also usually the same lawyers that quote shockingly low legal fees. Any individual who is charged with a DUI and consults with a potential lawyer should ask that attorney how many DUI bench or jury trials have they done in the last few years they have been practicing law.

It is surprising to most people how many DUI lawyers literally do not take cases in to trial. For me, taking a case to trial is one of the most enjoyable and rewarding parts of my job, because it is the culmination of all my studying, training, and experience. Not every DUI should go to trial, but I investigate, research, and prepare every case as if we are going to trial. The reason we take a case to trial is because, based on my review of the facts and law, I think I can produce a not guilty verdict in the case. The second reason is if we run out of options and our backs are against the wall, which is a pretty rare occurrence, but it does happen from time to time. If I evaluate a case and notice the facts and laws are on our side, I will recommend going to trial to my client and in the long run it is usually favorable. The decision to go to trial is sometimes difficult because the evidence is not as cut and dry or black and white as you would think. The evidence is frequently on the fence. A case could be dismissed if it was determined that there was no probable cause to make that traffic stop. A case can be dismissed if there was no probable cause to arrest them for a DUI. DUI cases can take years to go to trial. When a case does go to trial, the typical time is somewhere between six months and a year and a half. That is pretty standard because it takes a long time. Often motions happen before the trial. If you are released from jail and you are not in custody, you have a Constitutional right to a jury trial within 45 days of your arraignment. That is your first court date.

DUI Defense Attorneys Free Consultation

When you need legal help to defend against DUI Charges in Utah, please call Ascent Law LLC 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

Ascent Law LLC

4.9 stars – based on 67 reviews


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Do I Have To Notify My Insurance Company Of A DUI?

Do I Have To Notify My Insurance Company Of A DUI

Someone could get an impaired driving charge but there could be no accident, when you’re pulled over on a roadside stop, there’s no accident, and the insurance company may not necessarily be notified. In order for your insurance company to find out about your non-accident related DUI charges, the company needs to order a report of your driving record from the Utah DMV, which is typically something that it’ll do when it’s time to renew your policy. And even then, it’s not always guaranteed that this will happen every single year especially if you have an otherwise clean record.

Specifically where you’ve had someone who’s been a client of the same insurance company for a number of years and hasn’t had any accidents or claims, and hasn’t done anything to draw attention to them, the insurance company may not be ordering a report on that driver. if you get into an accident and need to make a claim, that’s an entirely different situation. Claims adjuster will ask about the accident, and seek out details and you can’t lie. At the moment, the Utah police force posts the first and last names of drivers that have been charged with impaired driving, along with their age, location, and crime. Unless there’s a driver’s license number associated with it, there’s nothing the insurance company can do with it.

Unless the police start releasing more information, or they make a concerted effort to work directly with auto insurers, it’s not likely that your insurance company would be able to connect you with the name displayed on the police website. The impaired conviction remains on your Utah driving record for at least three years, and the license suspension that accompanies the conviction remains on your record for up to six years. The Utah car insurance application requires drivers to disclose any license suspensions within the last six years, which will require you to notify the insurer of the impaired driving conviction. To return to paying normal car insurance rates, you’re going to have to wait up to six years after the impaired conviction.

As soon as your auto insurance company learns that you’ve been convicted of driving while intoxicated, they’ll apply a major surcharge to your policy. While this may occur on the first renewal date after your conviction, it’s possible that they’ll levy the charge retroactively to cover the period during which you hid your conviction. Alternatively, your state may require you to notify your provider immediately after your conviction. In most jurisdictions, you need to obtain an SR-22 form from your insurance company in order to retain your driving privileges once your DUI-related license suspension period ends. It’s unlikely that you’ll be able to request an SR-22 from your insurer without alerting them of your recent conviction. Once your DUI is a matter of record, you’ll endure years of artificially high premium payments. You won’t be able to do much about this: Whereas safe drivers can switch insurance companies freely to take advantage of promotions, deals and novel policy features, high-risk drivers who wish to switch insurance companies must contend with fees and red tape.

Once you have a DUI on your record, it’s unlikely that you’ll find a better deal with another provider. In most states, your DUI will remain visible to your insurance company for five years. Unfortunately, this is not the case everywhere. In Utah, your DUI conviction will remain active on your driving record for an entire decade. You can mitigate the financial impact of your DUI in several ways. First, figure out exactly when your DUI conviction will drop off of your driving record. Unless you take out a new insurance policy each month, it’s unlikely that this will occur immediately before your policy is up for renewal. To avoid paying hundreds of dollars more than you should, call your insurance company a few days before the five-year anniversary of your conviction and ask your agent to recalculate the cost of your DUI-free policy.

If you sell your car after your conviction, cancel your current policy and obtain operator-only insurance. This type of coverage permits you to drive without permanently tying you to an actual vehicle. Alternatively, you can purchase low-cost proof of insurance from an online provider. While it may not provide much protection in an accident, this type of coverage is legal and may save you hundreds of dollars per year. The costs associated with a DUI or DWI conviction continue long after your court case has finalized. In fact, one of the most significant expenses comes in the form of higher car insurance premiums. Although it’s almost impossible to avoid a hike in your insurance rates after a DUI, there are steps you can take to keep your premiums affordable.

Strategies To Save On Auto Insurance After A DUI

• Take A Defensive Driving Course: Depending on your state, driving record, and your specific charges, you may be ordered by the court to take a defensive driving course. Even if you are not required to do so, it might be a good idea if your insurance company offers discounts for taking such a course. If your current insurer does not offer this discount, try to find a car insurance company that does and perhaps one that is more lenient to drivers who have a recent drunk-driving conviction.

• Bundle Your Insurance: If you have other types of insurance with a company besides your car insurance provider, it may be in your best interest to merge. Many insurers offer multiline discounts to policyholders who have multiple types of insurance with them.

• Increase Your Deductible: Your deductible is the amount of money you will have to pay after an accident before your insurance company pays out. Deductibles can range from $0 to $1,000 and beyond. Lower deductibles typically translate into higher insurance premiums and vice versa. As such, if your insurance rates increased after being convicted of DUI, you may be able to lower them by opting for a higher deductible. A higher deductible might increase your financial liability, but it’s far better than driving without insurance after a DUI.

• Lower Your Coverage: It goes without saying that the types of coverage you carry and their limits will have a major impact on your insurance rates. If you want to get your premiums reduced after a DUI, consider opting for less coverage.

• Install Safety Features In Your Car: If your car doesn’t already have features like an alarm, antitheft devices, antilock brakes, and automated seat belts, it may be time to look into getting them installed or buying a new car that comes with them. These features lower the risk of filing a claim and reduce the value of the average claim in the event of an accident, so insuring a vehicle with the latest safety features typically costs less.

• Be Careful With Your Driving Moving Forward: Your insurance rates are ultimately determined by the likelihood that you will file a claim. That likelihood statistically increases after a DUI conviction, which is why your premiums increase. If you want to get your rates reduced, you will need to prove to your insurance company that you aren’t a high-risk driver. The easiest way to do this is to avoid accidents and traffic infractions for several consecutive years.

• Opt For Paperless Billing: If you haven’t gone paperless, find out if your insurance company would offer you a discount for doing so. Paperless billing tends to be cheaper for insurance carriers, so many of them offer financial incentive to drivers who make the switch. If you’ve taken these steps but you’re still unhappy with your insurance rates, consider switching to a different provider. Each insurance company takes a different approach to calculating premiums, so you might be able to find a carrier who is more lenient on drivers with a DUI conviction.
As if a DUI arrest isn’t enough trouble, many Utah DUI defendants also have to worry about the effect DUIs will have on their car insurance rates. Here’s the good news: according to Utah law, your auto insurance company can’t cancel a policy or raise premiums midterm. Even if you are convicted of a DUI, your auto insurance provider must wait until the end of your policy’s term to cancel or raise rates. Unfortunately, once your auto insurance policy does end, a drunk driving conviction almost always leads to higher car insurance rates. On top of that, your car insurance is just one of the ripple effects of a DUI arrest, which is exactly why so many people decide to find an experienced DUI attorney.

Unless the DMV has ordered you to obtain an SR 22, a Utah Insurance Proof Certificate, you do not have to report your DUI to your insurance company. Although it might not feel like it right now, you are still innocent until proven guilty. A DUI arrest does not equal a DUI conviction. However, in certain cases, the Utah DMV will require you to provide proof of insurance with an SR 22 form. If your driver’s license was suspended because of a DUI-related offense, you will be required to contact your car insurance company for an SR 22 before it is reinstated. This certificate proves that you meet the state’s minimum auto insurance coverage requirements. Your insurance company will probably charge you a $15 or $20 fee, and then forward the SR 22 to the DMV. While this form satisfies the state’s insurance requirements, it also serves as a red flag for insurance companies.

In all likelihood, merely asking for an SR 22 will immediately get you flagged as a high-risk driver for at least 10 years to come. As described above, your car insurance company can’t immediately raise your rates or drop your policy, but they can and usually will once your policy term ends. If you hire a criminal defense attorney after a DUI arrest, you may hear about the “15/30/5” rule. This refers to the minimum auto insurance coverage you are required to have under Utah insurance law. So what is the 15/30/5 rule?

• Your auto insurance liability coverage must pay at least $15,000 for an individual you injure or kill on the road
• Total payments of $30,000 for accidents with multiple injuries or deaths
• $5,000 for any property damage you cause
it is illegal to drive without car insurance, and the last thing you need right now is to get in more legal trouble. If your auto insurance company refuses to renew your policy, you have to obtain new insurance coverage as soon as possible or stop driving altogether. In fact, it is illegal to even own a car in Utah if you do not have car insurance. Many people do not lose their insurance after a DUI conviction; however, if you had previously taken advantage of good driver discounts, you can expect a significant rate increase. If your car insurance company cancels your good driver policy, make sure to ask if they would be willing to provide another policy instead. Some car companies don’t insure high-risk drivers at all, which can make it hard to find car insurance coverage with a DUI on your record. If you are having trouble finding a new insurance policy, don’t get discouraged. You can find insurance companies that have policies for everyone, including convicted drunk drivers.

In the early 1990s, before ignition interlock devices were used in all 50 states, researchers found that between 50 – 70% of drunk drivers continued to drive on their suspended license. Sadly, many DUI defendants are repeat offenders. Law enforcement agencies believe the average DUI offender drives drunk 80 times before his or her first arrest. Because of this, most DUI laws in Utah were designed with chronic drunk drivers in mind. While this has led to declining drunk driving rates around the country, it has also led to the stigmatization of countless upstanding citizens, who have had their lives turned upside down because a single mistake that ended in a drunk driving arrest. Car insurance companies don’t always find out about an individual’s DUI record. These offenses only stay on your record for 10 years, and you would be surprised how often the infamous Utah bureaucracy renders a DUI offense invisible through things like computer errors. Sometimes cases do slip through the cracks, and the DMV and court system is full of cracks. While you wouldn’t be the first person to have a DUI vanish from your record through a lucky accident, this isn’t something you can count on. Computer records make this increasingly unlikely. If you’re worried about how a DUI arrest will affect your car insurance premiums, employment prospects, criminal record, or any other aspect of your life, you deserve a criminal defense attorney who is willing to fight for you.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC 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

Ascent Law LLC

4.9 stars – based on 67 reviews


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How Do You Deal With A DUI Emotionally?

How Do You Deal With A DUI Emotionally

When you get a DUI conviction, you will encounter a surge of conflicting emotions, and it might take significant time for them to subside. It is important to remember that this flood of feelings will pass, you will make it out on top of your case, and in time, life will resume as normal.
There are many steps you’ll need to take to legally get through your arrest and charge, and even more steps you can take to manage the emotional burden of the accusation.

• Hire the best DUI attorney you can find. Working with a qualified, experienced DUI attorney will significantly alter your experience through your DUI arrest and case experience. If you can trust your lawyer to make the necessary moves for the best outcome of your case, and he or she can be completely transparent in your communication, a huge weight will be lifted off your shoulders. Understanding the steps on a need-to-know basis will veer your mind from worry and getting hung up on unlikely hypothetical scenarios.

• Inform yourself. Ask questions; be completely educated on your DUI conviction and the process ahead. You are using your money for your selected attorney; invest in a lawyer with the knowledge and experience to keep you in the know. At the beginning of the process, look to our information on My DUI Solutions so you can be prepared for what is ahead.

• Don’t get overwhelmed, proceed one step at a time. Right away, many necessary steps present themselves. Stay calm, focus on one solution at a time as you navigate your DUI and legal process. Your attorney will help you with each task at hand; focus on the element before you and don’t look too far ahead.

• Take the emotion out of the equation. This experience won’t last forever and you will get through it! Focus on that and don’t let a DUI redefine who you are. If you start to feel waves of guilt or anger, remember that this was a mistake and you are taking all necessary steps to make the situation better.

• Start taking steps toward your brighter future. By making changes and advances in your life that construct a hopeful journey ahead, you can face any surprises in your case with dignity. You know you are improving your life and yourself, don’t let unforeseen obstacles weigh you down.
The stress of the situation can weigh heavily on some people. You might be having trouble sleeping, you’re worried about what could happen to your job, and you’re embarrassed about what your friends and family might be thinking. To make matters worse, while you’re dealing with all of this stress, you’re also facing important deadlines and are being forced to make some of the most important decisions in your case, decisions which can have a long-lasting impact on your case, your career, and your future. If you accidentally make a critical mistake by missing a deadline or failing to preserve important evidence, you can ruin your chances of getting your license back or even sabotage your entire case.

Here are some stages of surviving your DUI arrest, and the tips you need for surviving the emotional aftershock of your DUI arrest.

• SHOCK and DENIAL: Most clients’ initial reaction to their DUI arrest is a feeling of numbness and disbelief. It’s common to try and deny the reality of the situation at some level, and to try to hide yourself from the reality of what’s happening. Getting arrested and being branded a criminal by the prosecutors and the police can be a very emotional experience. Going into shock and trying to hide is your body’s way of providing emotional protection to keep you from getting completely overwhelmed. This feeling of shock and denial can last for as little as a few days, or as long as a few weeks after your DUI arrest. It’s important to realize that your brain is trying to shut down a little bit, and to seek help as soon as possible, because if you hide too long, you’ll miss important deadlines that can affect the outcome of your DUI case.

• PAIN and GUILT: Once the shock of the DUI arrest begins to wear off, it will be replace with a feeling of suffering and emotional pain. You’ll play the “What if?” game, putting yourself into a torture chamber and thinking about all of the negative things that can arise from a DUI conviction. For many people, this feeling is almost unbearable. But remember: You will get through this. You will survive. Nobody ever died from a DUI arrest. You will probably start feeling guilty about things you did, and feeling regret and remorse about things that you didn’t do or should have done. Unfortunately, some people are going to pile on and try to make you feel worse.

• ANGER and BARGAINING: Once the guilt begins to wear off, the next thing you’ll feel is anger. Feelings of anger can be triggered suddenly and without warning. You might read the police reports and feel that the police officer is lying about your DUI arrest. You might feel anger at yourself for getting behind the wheel. You may be angry at others for letting you drive. Obviously, a DUI arrest can be expensive, and this can add extra stress at home. It’s even more difficult at home if you’re the primary driver and now you’re stuck with a suspended driver’s license. You may want to lash out and blame others, especially close loved ones, just because they’re nearby. You must control your temptation to lash out, because if you don’t, you can cause permanent damage to your relationships, driving away the people who love you and care about, destroying your family life, or even getting you fired. It’s normal and healthy to release your anger and pent-up frustration, but you’ve got to do it in a constructive way (if possible) that doesn’t destroy your relationships. You may yell out loud, or privately rage and ask, “Why me?!?” You may try to bargain in vain for a way out of your despair, saying things like “I’ll never drink again” or making promises if it will “just go away.” Again, this is normal. If you’re prepared to deal with the inevitable anger and bargaining that will arise, you will be able to keep yourself under control so it doesn’t ruin your relationships.

• DEPRESSION, REFLECTION, and LONELINESS: Just when your friends are starting to think that you should be moving on and moving past the stress of the situation, you’ll encounter a period of sadness and self-reflection that can possibly overtake you. This is normal. Don’t let anyone try to talk you out of it, no matter how well-meaning they are. Believe it or not, encouragement from others isn’t very helpful to you during this stage of grieving. In this stage, you may finally realize the true magnitude of the consequences of a DUI arrest, and it can be depressing. You may isolate yourself on purpose, play the “what if?” game again, reflecting on the things that you did (or didn’t) do, and also focusing on your past and other mistakes that you’ve made. You may feel empty, or feel a sense of despair. Yes, DUI arrests are serious, but you can’t let it ruin your life. It’s helpful to have someone to talk to, hopefully someone who listens and understands what you are going through. A close friend, professional therapist, or an experienced DUI attorney is all be good people to talk to. Having an experienced DUI attorney on your side will also help you feel like you’re taking back control over your life.

• THE UPWARD TURN: In this stage, your life will feel calmer and more organized, and your depression will begin to lift. Unfortunately, you may be required to go to court right around this time, which can trigger those negative feelings all over again. Luckily, if you have an experienced DUI attorney by your side, you may be able to avoid going back to court, so those negative emotions don’t get re-triggered and restart the entire process.

• RECONSTRUCTION and WORKING THROUGH: You’re going to start to become even more functional. Your mind will return to processing events normally, and you’ll begin seeking realistic solutions to the problems created by your DUI arrest. You’ll start working on practical solutions to the aftershock of the DUI arrest, and will start tackling the financial problems of reconstructing your life. Hiring an experienced DUI lawyer can help you get to this stage much quicker than normal, because the DUI lawyer can show you techniques and strategies for getting your license back, minimizing the potential punishments, and help you create a final picture of how the case can be handled so that you minimize (or even eliminate!) the consequences of your DUI arrest.

• ACCEPTANCE & HOPE: Here, you will accept and deal with the reality of your DUI arrest. That certainly doesn’t mean you’ll enjoy instant happiness, but it also doesn’t mean that you’ll feel like you’re giving up, either. Given everything that you’ve been through, you may feel like you can’t to the life that you enjoyed before you got arrested, but you will find a way forward. You will also enjoy hope. That hope often comes from finding an experienced professional who has the ability, the reputation, the knowledge, and the experience to help you minimize or eliminate the consequences of your DUI arrest.

In 2017, the state government approved a bill that made 4th-time DUI offenses felonies. Therefore, anyone who is caught drunk driving more than three times in less than 10 years will be charged as felons. Anyone who is caught drunk driving more than five times, no matter the timeline, will also be charged as felons. The penalty attached to this crime is 13-17 months in state prison. It should go without saying, however, that DUIs are a sign of a bigger problem. Anyone who drunk drives that frequently is likely to have alcohol use disorder. If you’ve already racked up a couple of convictions, you would benefit from seeking some treatment for alcoholism. Surviving life after a DUI is difficult. But it’s entirely possible. If you or a loved one has been faced with this sad reality, don’t panic. You’re not a bad person just because you broke DUI laws. As we pointed out above, millions of people are arrested for drunk driving every year. Sure, it’s irresponsible. Yes, it’s dangerous. But, as long as everyone walked away alright, there’s still hope.

All drunk driving cases involve very similar circumstances, such as dealing with the emotional stress that comes with worrying about your case and what is going to happen as your case moves along through the system. Stress is also a result of worrying about what will be the outcome of the case, including what punishments might be imposed. Every drunk driving case involves a certain number of common factors. The first of these is the trauma and emotional stress of a drunk driving stop and arrest, and oftentimes it is hard to get this memory out of your mind. This trauma often results in problems with dietary habits, sleeplessness and weight loss. It is important for you to understand that these problems are not unique to you and that to a large extent; the vast majority of people that commit this offense are not what are commonly thought of as criminals. Making sure that you feel comfortable with the attorney that you select to handle your case is also very important, because much of your stress will be lessened just by having the confidence in your attorney and his or her ability to obtain a positive result. Oftentimes, the problems and the stress that arise from these cases can become worse because of all the waiting. You should understand, however, that waiting is something that your attorney may not be able to avoid. The legal system involves many different kinds of cases and many different people. For example, there are the Judges and the Judges’ scheduling clerks, the Prosecuting Attorneys, the witnesses, and the police officers. Everyone’s calendar must be accommodated when scheduling important matters like trials. Also, simply because of the backlog that many of the Judges and Courts face, these matters can take several weeks to schedule. Judges also usually have nearly 100% control of scheduling. Consequently, while attorneys can do certain things to try to move things along more quickly, your attorney might decide that delay is not advantageous for you.

It may also occur from time to time that your attorney will ask for an adjournment, and this is usually because your attorney is trying to do something or obtain something that will be advantageous to your defense. During these delays, you may be wondering what is happening with your case, and sometimes the answer is – not much at all. For example, it may be that the case is simply waiting its turn in the system, or it may be that your attorney is waiting to receive information about your case. This information is called discovery and obtaining discovery can sometimes take several weeks or even months. These cases are usually handled on a first-in-first-out system, and therefore the arrest that occurred prior to yours will be scheduled first. Depending on the circumstances and the court in which your case is filed, the delay can be anywhere between 2-3 months but sometimes lasts well over a year. Don’t assume that because you are not receiving constant calls and letters from your attorney that nothing is happening with your case. Often, things are happening behind the scenes, such as plea negotiations, and it may also be true that your attorney is simply waiting to obtain the discovery on your case.

One thing that is certain is that your case will always be proceeding in one direction, which is toward a conclusion. Your attorney may not call you each step of the way, so do not assume that nothing is happening because you have not heard from your attorney. Oftentimes, hearings are being scheduled and discovery is being obtained and reviewed, et cetera. Your attendance will always be required every time your case is scheduled for any kind of court date, so we will, of course, notify you of actual hearing dates. Problems with stress are often a result of not knowing what to expect, which is simply a fear of the unknown. Sometimes not knowing what is coming can be the biggest stress inducer. It may be helpful to understand the different steps that your case may go through so that you can better anticipate what will be coming in the weeks and months ahead.

Utah DUI Attorney Free Consultation

When You Need Legal Help Defending Against A DUI In Utah, Please Call Ascent Law LLC 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

Ascent Law LLC

4.9 stars – based on 67 reviews


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What Happens When You Go To Court For A DUI In Utah?

What Happens When You Go To Court For A DUI

When you appear for Court the first time that is called your initial appearance or Arraignment. You will likely be in a courtroom full of other people who have been arrested as well and are doing the same thing you are. Take some time to watch what the judge is saying to the other people when they talk – as you will probably get the same questions.

The procedure at an Arraignment is this:

• The judge calls your name, and you will walk to a podium right in front of the judge.
• The judge verifies that you are the person they called and that your name and address are correct in their file.
• The judge will read you the charges against you as well as the maximum possible sentence you could receive from those charges.
• The judge will ask if you have an attorney at that time or if you need some time to obtain one.
• The judge will then ask you for your plea – Guilty or Not Guilty to the charges.
• The judge will go over your bail conditions. Your monetary bail amount will likely stay the same, but the judge could add or remove any conditions of bail.

The above list of items is covered by the judge at the arraignment. Different judges may add a few other minor issues, but overall that is what you can expect.

Here’s the tip that will significantly increase your chances of getting a reduced plea. Always, always plead ‘Not Guilty’ to your charges. If you plead Guilty at the Arraignment – that is it. You will be sentence by the judge right there. You will not have any opportunity to weigh the evidence against you or put on a defense to the charges. It’s unlikely that you’ll be able to withdraw that guilty plea at a later time. If you plead guilty at Arraignment, you may be sent to jail right there, as a first time DUI charge carries a mandatory minimum 24 hour jail sentence. Depending on your criminal and substance abuse history, you could receive more jail time than the minimum 24 hours. Pleading ‘Not Guilty’ gives you time to discuss your case with an attorney. A good attorney will help you weigh the evidence to see if you can fight the charge or receive a plea agreement to a lesser charge. You can always decide to plead guilty later, but pleading Not Guilty at the Arraignment is the only way to buy yourself some time. If you plead Not Guilty, you will be released to go home after court. Your actual court time in front of the judge will range from 2-10 minutes. Having an attorney by your side will help ensure your protection. An attorney can make sure that the only thing you have to say at your Arraignment is, “Not guilty.”

DUI Court Procedure

Given the large number of DUI cases most court systems handle, many have a dedicated section of the criminal court system with separate court procedures for dispensing with DUI cases quickly and easily. This means that your DUI case will likely finish up more quickly, but it could also make it more difficult to know what to expect.

Court After a DUI Arrest

After your DUI arrest you’re probably worried about going to court. Being worried about going to court for your DUI case is normal. However, you have nothing to worry about with the right DUI attorney. In a misdemeanor DUI case the next stage is typically referred to as a “status conference”. A status conference is a chance for your DUI attorney to meet with the prosecutor and the judge. This is when they discuss your case. If there are any outstanding discovery issues these are typically discussed at this point. However, if discovery (meaning all of the evidence) is finished, then the prosecutor, the DUI attorney, and the judge will discuss a potential resolution of your case. This is what many people referred to as “working out a plea deal”. Many misdemeanor DUI cases are resolved a status conference. This is important to know because some lawyers in Tulsa will charge a very high fee, but claim that the fee includes a trial. This makes sense only if your case goes to trial. However, these attorneys are typically charging you for something they won’t give you. If an attorney quotes you a price that includes a “trial”, ask them to list their last five trials. Chances are they haven’t been to trial in a long time, but charge all their clients for the trial.

Preliminary Hearing

The next stage in a felony DUI case is the preliminary hearing. A preliminary hearing is a hearing where the prosecutor must prove that probable cause exists in your case. If they can’t do this, your case is over. If they do, your case is set for trial. Only the prosecutor is required to call witnesses and present evidence at the preliminary hearing. Like a misdemeanor DUI, a preliminary hearing is also a chance for the DUI attorney, the prosecutor, and the judge to discuss a possible resolution of the case without going to trial.

Allen Hearing

An Allen hearing is a formal discovery hearing. Both sides inquire and disclose whether or not they have completely turned over all evidence to each other as required in discovery. Not all cases require Allen hearings. In our client’s cases we request all evidence through the prosecutor by discovery, as well as Open Records Act requests and by issuing subpoenas. This may seem repetitive, but it’s the best way to make sure that we have all of the evidence in your case. It also helps us make sure the prosecutor isn’t trying to hide something.

Suppression Hearing

A suppression hearing is when the defense files a motion asking the judge to throw out evidence obtained by the police. There are a number of reasons why evidence is suppressed. The most common reasons are that the evidence was illegally obtained in violation of the Constitution.

Trial

The final stage of the initial criminal case is a trial. A trial can have a judge or a jury determines the outcome. You are entitled to a jury trial; however, sometimes both sides will agree to have a judge conduct the trial. A jury trial in a DUI case can be extremely complicated. Typically, there are law enforcement witnesses, civilian witnesses, and scientific evidence witnesses. The science in the DUI case can be extremely complicated and requires a thorough understanding in order to present and defend the case clearly to a jury. A confused jury is dangerous. As a result, you need a DUI attorney who can explain the complicated law and scientific evidence of the DUI to a jury. In the end the most important thing to have when you go to court is an experienced DUI attorney who knows how to get the best possible outcome for you in your case. Without a good lawyer, your case will not be thoroughly analyzed and have the right issues brought up in court to help you get your life back on track as soon as possible.

If you are arrested for drunken driving in any county in Utah. There are several things that are going to happen that will cost you money. If you are convicted of driving under the influence and you want to get your driving privileges back, things are going to get very expensive.

Court appearances, fines, and fees are just the beginning for convicted drunk drivers. There is also the expense of going to DUI School, getting evaluated for a drinking problem, getting treatment if you have a problem, paying higher insurance premiums and having an interlock device installed on your vehicle, in many states. The following sections outline in detail some of the things that will happen if you get a DUI. None of them are fun, and most are expensive.

Arrested and Booked

If you are arrested on suspicion of drunk driving, the first thing that will happen is you will be placed into a police vehicle and taken to the nearest police station or jail. There your photograph (mug shot) will be taken and you will be fingerprinted. In some states, you can be released immediately if someone comes to the jail and pays your bail and drives you home. Several states now have laws requiring you to be held for a period of time until you sober up.

Lose Your Driver’s License

In all states, even for a first-time conviction, your sentence will include the loss of driving privileges for a period of time. Even in states that offer a hardship license that allows you to drive to work or school during the time your license is revoked or suspended, your driving privileges are drastically curtailed. In some states, if you refused to take the field sobriety test or submit to a breathalyzer or blood test, your driver’s license is suspended immediately, even before you go to court.

Pay a Fine

If you are convicted of driving while intoxicated, part of your sentence will definitely include paying a fine. All states have laws setting minimum and maximum fines for drunk driving, but those penalties can be enhanced by other circumstances. For example, if the property was damaged, someone was injured or a child was endangered as a result of your driving while drunk, the fines can be increased. In most states, you will also have to pay the court costs associated with your case.

Go to Jail

In a growing number of states, jail terms have become mandatory even for first-time drunk driving offenders. Typically, first-offender jail terms are only one or two days that can be served on a weekend, but it is still jail time. For repeat offenders, jail is mandatory in most states and the terms are longer than a couple of days. And again, if there are aggravating circumstances connected with your DUI case, the penalties can be increased.

Complete the Terms of Probation

Even if you are not sentenced to any jail time for your DUI conviction, you will probably be given a probation sentence, the terms of which are determined by the sentencing judge. If you fail to meet the terms of probation, you can be sent to jail, even if you are a high-profile Hollywood celebrity. Regardless of the terms, the probation sentence itself is another expense you will have to pay. Typically, this is a monthly fee you must pay for the cost of administering and supervising your probated sentence.

Go to Driving School

In almost all jurisdictions, if you want your driving privileges returned after a drunk driving conviction, you will have to complete an alcohol and drug education program, usually referred to as drunk driving school. These classes include hours of drunk driving prevention education and an assessment of your drinking habits. And there is a fee for attending these classes, another expense you must pay to get your driver’s license back.

Undergo Alcohol Evaluation

As part of the court-ordered alcohol education and assessment program mentioned above, a trained counselor will also evaluate your pattern of alcohol consumption to determine if you have an alcohol abuse disorder. Typically, the evaluator will ask you a series of questions about how alcohol affects your life. If the evaluation finds that your drinking rises to the level of alcohol abuse or dependence, you may also have to undergo a court-approved alcohol treatment program before you can get your driving privileges back.

Pay Higher Auto Insurance

In most states, if you get a drunk driving conviction, you will have to get a special insurance policy, known as SR-22 insurance, before you can drive a vehicle. The cost of SR-22 insurance, in states where it is required, can double or even triple your premiums. Usually, you will be required to carry this most expensive auto insurance for a period of three years.

Utah DUI Lawyer Free Consultation

When you need legal help with a DUI Charge in Utah, please call Ascent Law LLC (801) 676-5506 For Your Free Consultation. 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

Ascent Law LLC

4.9 stars – based on 67 reviews


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Can A DUI Charge Be Reduced?

Can A DUI Charge Be Reduced

A first DUI in Utah is one of the most frequently occurring criminal offenses. Your first DUI is a serious criminal offense that can potentially carry life altering penalties and consequences if convicted. You may have to serve jail time, pay expensive fines and fees and also lose your driver’s license. An DUI charge in Utah is also known as operating a vehicle under the influence of drugs or alcohol. An DUI can be defined as anyone who operates a motor vehicle while they are under the influence of alcohol, drugs, or a combination of alcohol and drugs and their blood alcohol concentration (BAC) is over the legal limit of 0.08 %. If you are facing your first DUI charge, during the time of the stop you were likely required to participate in a blood, breath, or urine test which is used to determine your BAC. Your BAC indicates how impaired you are and will also be used to determine the severity of penalties that you will face if convicted. If your BAC is below 0.05, then you were below the legal limit and you should not be facing your first DUI. If your BAC is between 0.08 and 0.17, then it is considered low. If your BAC is 0.17 or above, then it is considered high. A high BAC will undoubtedly face more severe consequences than someone with a low BAC.

If you are facing your first DUI charge in Utah, it is critical that you consult with an attorney as soon as possible. Regardless of what happened in your case, it is understandable that you are probably scared and overwhelmed by the DUI charge that you are currently facing. A First DUI conviction in Utah can result in harsh penalties including the loss of important freedoms and privileges. The penalties that you may face are dependent on the severity of the facts and circumstances of your particular case such as whether there were any injuries, property damage, and how high your BAC was at the time of the offense. If you are facing your first DUI conviction in Utah, you will most likely be charged with a first degree misdemeanor. This charge entails serving a minimum of 3 days and up to a maximum of 6 months in jail and paying a minimum fine of $375 and up to a maximum of $1,075. Instead of serving a jail sentence, you may be required by the court to attend a driving intervention program. The court also has the authority and discretion in determining whether you will have to install an ignition interlock device or use restricted license plates on your vehicle. You will also face a driver’s license suspension that could last from a minimum of six months to a maximum of 3 years. Your driving privileges will also not be available for the first 15 days after receiving your first DUI charge. You may be eligible for limited driving privileges depending on work, school, or court mandated treatments.

Other Consequences Of First DUI In Utah

First DUI offenses in Utah involve harsh consequences in addition to jail time and expensive fines and fees. Your first DUI conviction in Utah will unfortunately have a negative impact on all other areas of your life. An DUI conviction will permanently be on your driving record. You may also face increased vehicle insurance rates, difficulty keeping or finding a job, furthering your education, difficulty financially, maintaining professional licensures and keeping custody of your children.

Administrative License Suspension (ALS) in Utah

An administrative license suspension is a civil penalty although it is imposed at an DUI stop. If you are stopped for drunk driving and refuse to participate in a chemical test of blood, breath, or urine requested by law enforcement or you tested over Utah’s legal limit, then the officer is permitted to take your driver’s license on the spot and your driving privileges will immediately be suspended from that point forward. This is referred to as an administrative license suspension. An administrative license suspension can be appealed in Utah.

It must be appealed at the first court appearance, which is held within 5 days of being arrested or being issued the citation. Issues that are brought up on an appeal include whether the arrest was reasonable, whether the officer requested that the individual take a chemical test, whether the individual was informed of the penalties for refusal or failing a chemical test, and whether the individual refused or failed the chemical test. It is also important to note that the court can still suspend your license if it determines that your driving is a risk or threat to public safety. If you are facing an administrative license suspension, you can obtain limited driving privileges by filing a petition for up to 30 days after your initial appearance in court for the DUI charge. Limited driving privileges typically are for work, medical or educational reasons.

Reducing Your DUI Charges is Possible

Depending on the facts and circumstances of your particular case, it may be possible to have the DUI charges reduced, or even dismissed. Perhaps there are mitigating circumstances involved such as only sitting in the driver’s seat with the key in the ignition or the breathalyzer malfunctioned. Sometimes a first DUI can be reduced to a reckless operation charge. This depends on a variety of different factors, including but not limited to the following:

• If there was a breath test performed, how high or low the result of your BAC was;

• If there was an accident, injuries or poor driving;

• If you were cooperative and police with the law enforcement officer who stopped you;

• The judge’s attitude or stance on DUI charges;

• The prosecutor’s attitude or stance on DUI charges.

It is also important to be aware that even if the facts are in your favor, your charges may not be able to be reduced. This is why selecting the right experienced and knowledgeable attorney is so important.

Minimize the Penalties for a First DUI Offense

Getting arrested and charged with driving under the influence can be scary, especially if this is your DUI first offense. You already know that the penalties for DUI are harsh, as the advertising campaigns put on billboards, radio, and TV have told people for years about how DUI is a serious offense. Fortunately, if you are a first time offender, there are some options that you may be able to take that will help you lessening the penalties you are facing in your DUI case. Knowing what these options are the first step to getting your life back on track after an DUI arrest.

Handling a DUI First Offense

The first step you may want to take is to try to get the charge reduced or thrown out entirely.

• You can claim that the officer who stopped you did not have probable cause, meaning he stopped you for a vehicle violation or other non DUI related offense, and then started fishing for a DUI charge once he began to speak with you. You may also claim a number of different defenses such as improper administration of sobriety testing, or lack of certification or calibration of testing equipment.

• Fortunately, the court system realizes that accidents happen and that people make mistakes. There are programs such as ARD or Accelerated Rehabilitation programs that will allow you to take classes about the dangers of drunk driving, attend a driving school, and undergo probation, after which time you will be able to have your record of the DUI removed or expunged. In addition, programs such as these for first time offenders can help you look good to the courts if you request them, because they show that you are intending to make things right and learn from your mistakes.
A third option for getting first time DUI charges reduced or dropped is to appeal to the court, with your attorney’s help, and prove that you are a good person who has not committed other crimes or had numerous other traffic violations. By showing the court that this was essentially a onetime fluke occurrence, you may be able to have the charges plea bargained down to a lesser offense, or you may be able to get reduced fines or probation instead of incarceration. An DUI is a misdemeanor offense. As such, the first court date you will attend is generally called an arraignment.

At your arraignment, you must enter a plea of guilty or not guilty. If you have chosen to hire an attorney and fight the charges filed against you, a not guilty plea will be entered. Your first court appearance is also when you can request occupational driving privileges during your administrative license suspension, or in the alternative, get a stay of your administrative license suspension so that you can being driving again.
After your arraignment, most courts will schedule a Pre-Trial Hearing/Conference. Usually, the pre-trial is a meeting between the prosecutor and your defense attorney to discuss the case, the discovery, and possible resolutions to the case. There may be one or more pre-trials, depending on how quickly information is provided and exchanged between the parties. If the case is not resolved at a pre-trial hearing, it may be set for a Suppression Hearing to determine what evidence may be used against you at trial. The Suppression Hearing is a very important step as it sometimes allows your attorney to attack various aspects of the State’s case prior to trial. The elimination of harmful evidence is the primary purpose and goal of Motions. A Suppression Hearing is generally heard by the judge assigned to your case. Present at a typical Suppression Hearing will be the judge, the prosecutor, the State’s witness (the arresting officer) you, your attorney and witnesses the defense may wish to present. If your case is not resolved at the time of the Motion Hearing, the case will be scheduled for Trial. This may be a Jury or a Court Trial, heard only by the judge.

A plea agreement is a process whereby a criminal defendant and a prosecutor reach a mutually satisfactory disposition, subject to the judge’s approval. Plea agreements usually result in either an amendment to a lesser charge or dismissal of some charges in exchange for a guilty plea to other charges. Although a prosecutor has no legal obligation to engage in plea bargaining, your defense attorney must engage in plea bargaining if you so choose. You have the absolute right to either accept or reject a plea offer. A judge must approve a plea offer, and is still in charge of sentencing. Your attorney should advise you as to your options and potential outcomes of your choice. This advice should be based not only on your probability of success at trial, but also on other considerations such as sentencing factors, financial considerations and time considerations. Generally speaking, there are two types of reductions common in DUI cases: Reckless Operation of a Motor Vehicle and Physical Control of a Motor Vehicle under the Influence. It is important to understand the difference between these offenses before you decide whether or not to accept such a plea agreement.
A Reckless Operation is a misdemeanor traffic offense that carries four (4) points against your Utah Driver’s License. Reckless Operation covers a whole host of traffic mishaps, from driving more than 20 miles over the speed limit to striking an inanimate object. What Reckless Operation is not associated with, is drugs or alcohol. There are no mandatory penalties associated with a Reckless Operation conviction. However, should your license be suspended by the court for a Reckless Operation conviction, the reinstatement fee which must be paid to the BMV at the conclusion of your suspension is $40.00. Physical Control/Under the Influence is also a misdemeanor traffic offense, but because it is considered a non-moving offense, it carries zero (0) BMV points.

“Physical control” is defined as being in the driver’s position of the front seat of a vehicle and having possession of the vehicle’s ignition key while under the influence alcohol or drugs, but not actually operating the vehicle. An example would be someone who leaves a party and decides to sleep it off in their car rather than actually driving anywhere. So, the offense is associated with the consumption of alcohol and/or drugs. There is no mandatory suspension associated with a Physical Control conviction. However, should the court decide to suspend your license as the result of a Physical Control conviction, the reinstatement fee is the same as that of an DUI suspension. There are benefits and draw-backs to entering a guilty plea to either one of these charges, but both carry far fewer penalties and stigma than having an DUI conviction on your record. Being charged with a DUI offense often means a loss of driving privileges and criminal consequences, such as jail time. It will also remain permanently on your record, which could have serious implications for future employment. Under the right circumstances, it’s possible to plead a DUI charge down to a lesser offense, commonly known as a wet reckless charge.

Almost every driver charged with a DUI wants their case reduced to a wet reckless driving but it does not often happen. To get the desired results, you need to handle your case the right way. An alcohol-related reckless driving charge, also known as a “wet reckless” charge, carries less severe consequences than a standard DUI. In certain circumstances, your lawyer might be able to secure a plea bargain agreeing to a wet reckless charge, but it will depend on the circumstances of your arrest.

Set your expectations right away, first-time general impairment charges are likely the only kinds of DUI charges that have a chance of being pleaded down to a lesser charge. Nevertheless, every case is unique and you should consult with your attorney about the possibility of a wet reckless plea. A wet reckless has far less consequences than does a DUI. Thus it should be an option worth considering. The factors influencing whether the prosecutor is likely to accept a plea to reduced charges include:

• How close your BAC is to 0.08% at the time of your arrest
• Whether your DUI involved an auto accident
• Whether you have prior DUI convictions
• Whether you have a criminal history or numerous prior traffic offenses
• Whether you’re facing additional charges, such as drug or open container violations, evading the police, fleeing the scene, or resisting arrest.

If you succeed in pleading to a lesser wet reckless charge, you’ll still face penalties. These can include:
• A minimum fine of $200
• Possible (though unlikely) jail time of up to 90 days
• Four points on your driving record
• Possible six-month license suspension for a first offense
• Alcohol education or treatment

First you have to understand what it is the prosecutor, i.e. the district attorney, wants. They are in the business of punishing people for their transgressions. They will not simple bestow upon you the gift of a wet reckless unless there are truly compelling reasons to do so, such as a evidentiary problem with the case. They won’t bend over backwards for you. Thus, you’ll have to fight your case, or at least posture yourself such that it appears as though you will fight. Beware; however, just because you’re willing to fight doesn’t mean the prosecutor isn’t. In your attempt to better your position you may put yourself on a course to trial, where the consequences of being found guilty will be harsher than any initial plea deal you would have received. Second, you absolutely must get a DUI lawyer. A prosecutor is not worried about you by yourself. You need someone advocating and fighting for you. A public defender or a court appointed attorney is not going to get you the same results, nor would they try to, an DUI lawyer of your own choosing would. To get a generous wet reckless plea you need a dedicated DUI lawyer working for you.

DUI Lawyer Free Consultation

When you need legal help defending against a DUI Charge in Utah, please call Ascent Law LLC 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

Ascent Law LLC

4.9 stars – based on 67 reviews


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Do You Always Lose Your License After A DUI?

DUI is the abbreviation used for the term Driving Under Influence. It is sometimes also called DWI (Driving While Intoxicated). It is the act of driving the motorized vehicle during or after the consumption of alcohol or drug or both.

DUI is a criminal offense in many countries and the person can be charged high fines or imprisonment for this crime. A driver has to lose his license for a specific time period or permanently depending on the severe-ness of the crime.

A DUI offense is considered as serious as any other criminal offenses in the United States. Those who get DUI have to face many consequences that a DUI can pose. The consequences can be both short term and long term affecting your work life as well as your personal life. This article explains how DUI affects your life detailing both the aspects of your life.

DUI Work And Life

A DUI can affect your work life to a great extent. You will lose your existing job as well as find difficult to get a new job. You may inevitably need to disclose your DUI to your current boss since you are required to attend court-ordered alcohol education classes and community services around your working hours. This leads to loss of job and as a result loss of income no matter how proficient you are at work. You may also find difficult to get a new job despite being highly qualified for the position since every employer requires a criminal background check.

Also, due to license suspension after DUI arrest, you may find difficult to drive to work. And if you are in a job that requires you to drive, you may lose your job.

DUI Affects Your Personal Life

Another main area of DUI can affect greatly is your personal life. It could affect your family, financial situation, transportation, car insurance, and rental transactions. Below we will see how DUI affects each area of your personal life.

Getting a DUI not only affects you but your family as well. Most states publicize DUI arrests. This can cause embarrassment for both you and your family in front of your friends, coworkers and neighbors.

DUI can be very expensive and it varies from state to state. DUI could cost you roughly $10000. This includes fines, legal fees, car insurance, license reinstatement fee, bail, alcohol evaluation, and other miscellaneous fees. Besides this, you would also incur a loss of income due to loss of job. Hence one may suffer financially after getting a DUI.

After getting arrested for DUI, your driver’s license is immediately suspended. As a result, you may need to opt for public transportation or depend on your friends or family members for rides. It can be frustrating for you and a burden for them.

A DUI conviction will skyrocket your car insurance rates. It also affects your life insurance premiums.

Like employment, you will find difficult to get a rental house since landlords require a background check. You would also be denied for renting vehicles.

Expunge your DUI record “completely” with the help of DUI Process Manual. It offers little-known strategies to clear your DUI record completely and pass employment background checks in a step-by-step approach. Especially, this strategy is helpful if your state (US) does not allow formal expungement.

Getting caught driving drunk is serious business in most states. Some states are more lenient while others are very harsh. – Like Utah for example. Once you are convicted of a DUI in Utah, it’s there for 75 years. You can’t seal the record and you can’t have it expunged. This can impact your life in multiple ways, and for the worst. Also, the legal implications of a DUI charge can be a nightmare.
Below are some of the possible penalties you may face for a DUI. Also below are the ramifications of a DUI conviction as it relates to your personal life.

DUI License Suspension

License suspension will vary from state to state and depend on past offenses. – But just for a first offense, if you get convicted of DUI in Utah, you will have your license suspended for 6 months. If you get convicted of drunk driving in Alabama for the first time, you will lose your license for 90 days. – And get this, just your first DUI offense in Utah, you can expect a license suspension of 1 year.

A drunk driving conviction is bad all the way around and paying hefty fines is just another part of the many penalties. You can pay as little as $100 for your first DUI offense in states like Virginia, but in states like Utah, you can pay $500 to $1000 for your first offense with these numbers increasing after each offense. Add in the potential loss of employment, attorney’s fees and court costs and your bank account are going to take a beating.

DUI Car Impoundment

Even if you do get to keep your job, how are you going to get there without a car and without a vehicle? Having your car impounded will be another inconvenience for you and your family. It will also mean having to spend even more money to get to work. That is unless you have a friend that likes you enough to carry you back and forth every single day.

DUI Community Service

This DUI penalty will give you the opportunity to impress friends and family. No, not really, your community service may actually involve you picking up trash on the highway. Not glamorous, not fun, but undoubtedly humbling and a great opportunity for a person to think about their DUI.

DUI School

You will also probably get another chance to go to school, but not to party down at some cool college. You will have to go to DUI School.
Interlocking Device Installment
In order to earn this penalty, you were either really drunk at the time of your arrest or you have multiple offenses. An interlocking device is placed on your car’s ignition and will not allow you to crank the car unless you are sober.

DUI Probation

Yes. It’s true. Getting a DUI may land you on probation. You will have to meet with your new friend, a probation officer, regularly. – And be sure not to miss an appointment.

DUI Jail Time

Nobody wants to end up in jail, but depending on the circumstances of your DUI, you could do jail time. This is definitely one of the worst DUI penalties in my opinion.

Not only will you pay fines, lose your license, go to DUI school, etc., but a DUI will impact your life in many other ways as well. You will carry around the DUI stigma. You may lose your job. Your car insurance will definitely go up. Your credit may be hurt and depending on the circumstances of your case, you may lose your right to own a firearm.
The person is considered drunk when his BAC count is above 0.08. The penalties for DUI charge can vary from state to state. The period of suspension of the license of the driver can vary depending on the percentage of the BAC count, the state in which you live and the severe-ness of the crime. The BAC limit of 0.08 is the same for all countries.

How Long Will I Lose My License?

The charges for the DUI can be as follows:
• Imprisonment: Maximum of 6 months
• License suspension for 12 months if BAC count is within the range of 0.08 to 0.15
• License suspension for 18 months if BAC count is within the range of 0.15 to 0.19
• License suspension for 24 months if BAC count is greater than 0.20
• Fine can be charged ranging from $500 to $1500
The length of the suspension of the license can vary depending on the charges. It can be increased from the above mention period in some cases. In some states, license suspension is obligatory if the driver refuses for the breath analyzer test.

If you possess the commercial driver’s license, you may face additional suspensions for the charge of drunk driving. All countries have made it mandatory to suspend the license of the driver found guilty under DUI charge. Typically, the suspension period can vary from 30 days to one year if you are charged the first time for DUI.

The Rules Revocation of License under DUI Charge:
• First DUI conviction results in license cancellation for 1 year
• Second DUI conviction results in license cancellation for 5 years
• Third DUI conviction results in license cancellation for 10 years
• Fourth DUI conviction results in license cancellation for lifetime
Your license can also be revoked for the first DUI conviction in some countries. It can also be canceled if you refuse for the chemical test after your arrest. Repeated convictions can lead to the revocation for long term or lifetime. It is also possible to reduce the period of your license suspension or complete dismissal of your revocation, but the sudden action is needed to check these options. You can consult with your lawyer for these options. Your lawyer should request a DMV hearing within 10 days of completion of your hearing. Failing to do this can leave you without any further options.

It is not that you will lose your license if you are charged for DUI. There are various ways where you can defend against these charges. You can consult with your attorney for the substitute ways.

You probably know, that if you have been charged with a DUI, you are the midst of some serious business, with serious consequences. Driving under the influence of alcohol or drugs is a dangerous criminal act. Driving under the influence is a severe crime in every state. For this reason, you don’t want to try to defend yourself. Also, for this reason, you definitely should not throw in the towel and just plead guilty to get it over with.
A DUI lawyer can be of huge help and benefit to you. DUI lawyers know much about how the court system operates and are also up to date on new laws and regulations. This will benefit you much more than if you were to try to defend yourself and clear up your record on your own. And, no matter how guilty you may feel about what has happened, it may definitely benefit you more than if you simply pleaded guilty. Certainly, hiring a good DUI lawyer is absolutely your best decision and ought to be your first move.
The law is a large and complicated beast with many, many heads. Not every lawyer has the same training, education, and experience to handle all types of cases.

A given lawyer will have more knowledge and experience in one area than in another, so your choice of which type of lawyer to hire is very important. Using a DUI attorney or DUI Lawyer who focuses on drunk driving defense could make a big difference in the outcome of your case.

Also consider that there are many specialized DUI lawyers out there, and it makes a difference which one you ultimately choose to work with. Just as in any field, simply put, some DUI lawyers are much better and more experienced at what they do than others. DUI lawyers and their fees vary depending on the skill and experience of the attorney as well as the complexity of your DUI case. For example, many attorneys claim to be DUI defense lawyers, but they simply handle guilty pleas! Because of the seriousness of the crime and the lasting consequences that are often the result of a DUI, it is probably worth every penny and every minute to meet and work with a DUI lawyer who can do the most for you by virtue of their experience and track record.

Frankly, you need a lawyer who focuses on DUI with expertise tackling cases the same as yours – with positive results. You want to understand how many DUI trials has the lawyer handled in the last year. (You got to understand this figure to make sure that your lawyer has the power to defend you just in case your DUI suit goes to trial.) The more cases of DUI the lawyer has handled, the more competent he or she is probably going to be in DUI defense. Even more so, the more expertise the lawyer has with cases very similar to yours, the more he or she is probably going to be ready to give you with the most effective advantage, increasing your probabilities of success, with or without a trial.

The penalties in drunk driving cases are very difficult. You can potentially lose your driving privileges and in extreme cases might face jail time or maybe jail. On the opposite hand, bear in mind DUI cases conjointly get dismissed, DUI charges get reduced, DUI punishments get reduced, and people are found clean-handed on a consistent basis by DUI lawyers who investigate and who have the required knowledge and skill. (This, however, is not always the case. If the DUI causes injury or property damage and in cases where the DUI is not a first offense- the DUI charge can become and be treated as a felony. But remember, many cases of DUI/DWI also get dismissed on simple technicalities with the help of experienced DWI lawyers.

The DUI lawyer’s help is also very important during pre-trial conferences (the negotiations before an actual trial is set). They will research and use any technical defects they find to build a strong defense, in preparation for either settlement or trial. The last step in the court process is an actual criminal trial. Finally, if a trial has been set, the DUI lawyer will participate in the juror selection and naturally, stand for and defend you during the actual trial. Of course, a great many cases are resolved before they go all the way to trial.

Yes, if the DUI case you’re facing is complicated and there is a strong possibility that your case will actually go to trial, then your attorney’s quote (cost estimate) can go up to as high as $10,000 or even more. But, don’t give up just because your situation will have a cost. The alternative also comes at a cost.

Remember that if you do go to trial, the prosecution must do more than prove you “may be guilty” – they must prove that your guilt is the only reasonable conclusion based on hard evidence. So if you’re facing a DUI charge, don’t just throw up your hands and say, “Oh well, I might as well plead guilty. Remember, if you don’t seek professional DUI lawyers to protect your rights, you may face jail time.

DUI Attorney Free Consultation

When you or a loved one has been charged with a DUI in Utah, please 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
Ascent Law LLC

4.9 stars – based on 67 reviews


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Can You Pass A Background Check With A DUI?

Can You Pass A Background Check With A DUI

Your DUI public records will stay with you long after your DUI arrest. This can have a very negative effect on your employment possibilities when you need to pass a background check. Fortunately, there are steps you can take & things you can learn that will clear your DUI public records so they do not show up on your background check. And this can be done even in states that DO NOT allow for criminal record expungement.

Understanding that DUI has become a political crime with a stigma will go a long way towards helping you clear your DUI public records. This crime is a cash cow for local governments & that means that your best interests will play second fiddle to theirs. Your attorney likely has his own interests ahead of yours as well. Relying on your attorney & throwing yourself at the court’s mercy could be the worst thing you could ever do because you will be placing your best interest secondary to theirs.

This means you must learn all you can about the DUI process & how the laws pertain to your case. You must accept the fact that you are responsible for your DUI & you must take 100% responsibility for fixing the mess that a DUI can create of your life. No one is going to take better control of your life than you can, but you must accept the responsibility.

Although the laws may be a little different in each state, this process works the same whether you have just received your DUI or even if it is years old. There are six agencies that have access to your DUI public records. Not all of these agencies communicate with each other, & government bureaucracy causes additional communication problems. Learning all you can about these six agencies & how they handle your information will expose windows of opportunity that can be used to either expunge your DUI or legally hide record of it in states that do not allow you to expunge criminal records.

This information is available to research for free, but the legal nature of the subject matter can make this a nightmare to try to learn on your own. Add to this that there are differences in every state, & the job becomes more difficult. Getting this information from an attorney would likely be very expensive, & many attorneys may not know about this information because it does not serve their best interests.

There is a paid resource available that gives you all the background information you will need to clear your DUI public records. This will give you the “outline” you will need to research the DUI laws for your state. Armed with this information, you will be ready to take the steps necessary to expunge your DUI record or legally erase your DUI public records in states that do not allow you to expunge criminal records. Either way, you will be able to pass the criminal background checks necessary to get a new job & improve your position in life.

A DUI can cloud your record for years after your initial arrest, showing up on background checks & limiting your employment opportunities. Thankfully you can get a clear DUI record in all 50 states, even those that do not allow criminal records to be expunged.

The secret to getting a clear DUI record is understanding how the DUI process works & using this knowledge to your advantage. Because DUI has become such a political hot button & also because they are such a huge money maker for local governments, DUI laws are not written in your favor. The lawyers & the politicians have their own best interests placed first. So the first step to getting a clear DUI record is to take control of your situation. Placing yourself at the court’s mercy or trusting to your attorney’s best judgement could be huge mistakes. Their best interests may not align with yours.

Step 2 to getting a clear DUI record is learning all you can about how the DUI process works. A general overview is that there are 6 agencies that deal with your DUI record. Not every agency is able to communicate with the other agencies in the process. Some have no contact at all, but all 6 agencies give & get information from 1 central hub. Knowledge of this process along with the inefficiency that is always present in government will create opportunities you can take advantage of.

In states that allow for getting criminal records expunged, getting a clear DUI record is rather straightforward. What many people do not realize is that there are steps you can take in the states that do not expunge records that will achieve the same results. This information is not well known but there is information available that will help you through the process.
Hiring an attorney to help you take care of this would be a very expensive proposition, if you could find one to help you. They are a part of the industry that DUIs have become. And because of the legal nature of the information & the differences in how each state handles DUIs, piecing together a solution to a clear DUI record yourself would be very difficult. There is reasonably priced help available that gives you a good general outline of the DUI process. Using this information as a guide, you will be able to learn all you can about your state’s DUI process & take control of your DUI. This knowledge can be applied to your case to help you get your record cleared.

DUI Process manual is a thorough resource on DUI record clearing written by a team of legal researchers. At only 60 pages, this guide covers everything you need to know on expunging your DUI record completely even if your state does not allow expungement, passing employment background checks, and saving money on SR-22 insurance. This is a do-it-yourself manual which will serve a great help to those who cannot afford a lawyer. This manual is aimed to help people who got arrested for the suspicion of DUI as well as those who are convicted to return to live their normal life again like their DUI never happened.

We have found that the DUI system is not established to control drunk driving but to make money. More DUI arrests made more money for local governments. No wonder why more people with extremely low blood alcohol levels get arrested where they do not pose a real threat to the society.
Thus, this manual is the result of all the research they did to clear their DUI record and pass the employment background check which they finally succeeded.

The DUI Process involves rap sheets and how it affects your employment, steps to clean up your rap sheets, steps to seal your DUI record, six systems of the DUI process, their lack of communication and how you can use that to your advantage in expunging your DUI record, how background checks are conducted, what information you should disclose to your employers, how you can keep your record from showing up in employment background checks, how to expunge your DUI record completely and legally even if your state does not allow expungement, and how you can save money on expensive SR-22 insurance. But these are just a fraction of many little-known information that we can help you with.

We can help you:

1. You can clear your DUI record completely through an expungement.

2. You can pass your employment background checks.

3. You will save hundreds or say, thousands of dollars in SR-22 insurance for 3 year period.

We have seen others succeed too. Now they want you to too. They have received numerous testimonials from satisfied customers.

By applying the steps in the DUI process manual to your specific case, the author guarantees you can indeed clear your DUI record and pass any background checks.

One of the worst things about a DUI arrest is that it shows up on your record and affects background checks for years to come. Beating a DUI is possible by understanding how your DUI record is handled and what can be done to erase it.

The first step to beating a DUI is to understand that it has become a political crime that has a definite stigma attached to it. Political action groups like Mothers Against Drunk Driving have influenced lawmakers to write the laws in their favor. As a result, the laws governing a DUI charge have been designed in a one size fits all manner. That means a first time offender who is barely over the limit as a result of a few drinks with dinner is treated very similarly to a repeat offender who causes an accident and is three times over the legal limit.

Local governments also generate large amounts of revenue from DUIs and blood alcohol content levels have been lowered to increase revenue. The result of this has been to bring a large number of law abiding citizens into our legal system who may not have had a criminal record otherwise.
If you are one of these folks the key to beating a DUI and getting it off your record is to understand the DUI process and how your record is kept. Unless you take steps to educate yourself on beating a DUI charge, your life will change for the worse after a DUI conviction.

DUI laws will vary from state to state but your state will fall in one of 2 categories: those that allow criminal records to be expunged and those that do not. The good news is that beating a DUI is possible even in states that do not allow you to expunge your record. Other steps can be legally taken to achieve the same effect.

Armed with the proper information, beating a DUI can be achieved by anyone who has not caused death, bodily harm or serious property damage as a result of their DUI. Once you learn this information, you can clear your record and pass background checks regardless of whether your DUI happened in an “expunge” or “no expunge” state. With the ability to pass background checks, your life will take a turn for the better. Employment opportunities will increase & you can get your life back on track.

DUI Lawyer Free Consultation

When you need legal help with a DUI Charge in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
itemprop=”addressLocality”>West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Can You Drive After A DUI Before Court Date?

Can You Drive After A DUI Before Court Date

No. You can’t drive after you’ve been charged with a DUI. Call Ascent Law LLC to discuss your situation right away.

There are many serious consequences to getting a DUI and one of the hardest things to deal with is losing your driving privileges. For most of us, driving is necessary, especially in Utah. Where public transportation is limited and when you have to commute to your work, being able to drive is essential. Your driver’s license will be suspended after a DUI but it may be for less time than you think. Your license will be suspended for as little as 1 year and up to several years, depending on the facts of your case and any prior DUI offenses you may have. If you are arrested for a DUI, the officer who arrested you will immediately confiscate your driver’s license. When your license is suspended, you should be issued a temporary license, good for 30 days from the issuance date. Along with this temporary license, you will receive an Order of Suspension, which serves as formal notice your license is suspended. After you are released from jail, get your car out of the towing lot and have this temporary license, you may drive again. Your license, along with a copy of the Order of Suspension you were issued, will be sent to the DMV along with the police report and any BAC tests you took. If for some reason you weren’t issued these at the time of arrest, you will be mailed both by the DMV. Unless you have that temporary license, however, all your driving privileges are suspended.

During these 30 days, you have the time to arrange for alternative transportation as well as contest the suspension if you choose. To contest the suspension, you must request an administrative hearing through the DMV within ten days of the issuance of the Order of Suspension. You can request the DMV to mail you a copy of the police report for your review. Regardless if you are contesting it or not, be very careful about driving during this period. If caught drinking and driving again, you will not be given another temporary license; your temporary license will be confiscated and you will be left with no driving privileges. You can request your license back from the DMV after the suspension period. You will also have to pay a $125 reissuance fee. Your suspension period begins after your temporary license expires. How long your license will be suspended is determined based off a few factors. If you are over 21, did not refuse the BAC test and if this is your first DUI, your suspension period will be at least four months. You are eligible to apply for a restricted license after 30 days of this period, which will allow driving to and from work and to and from your DUI education program. This is an application process and requires you pay a fee, file proof of financial responsibility and proof of enrollment in a DUI first offender program. If you are a repeat offender, and your last DUI was within the last ten years, your suspension period will be one year. If you are under 21, took a BAC test and were over the state limit of 0.01% for underage drivers, your suspension period will be one year. Keep in mind you may have other driving restrictions/requirements handed down from the court system, which operates independently from the DMV. If you have been ordered to install an Ignition Interlock Device, you may have to do so and file proof of the installation with the court before you can drive again. In Utah, you will automatically be ordered to install one in every car you own or drive. If you’ve been charged with a DUI and want to get back on the road as soon as possible, contact an experienced DUI defense attorney who can help you take the right steps towards driving again. And, as always, your driving privileges do not include the right to drive under the influence or drive with disregard for others’ safety. When back on the road driving after a DUI, follow the terms or conditions of driving you may have been given from the courts or the DMV. Violating your probation terms or driving without a valid license can have serious consequences and will keep you from driving even longer.

Here are some general procedural guidelines to address license suspension concerns:
• Initial 10-day Permit. When arrested, the cop probably took your license, giving you a DUI citation, which acts as a 10-day temporary driving permit. Your car may also be impounded for 10 days.
• General Suspension. After 10 days, a license may be suspended for six (6) months to one (1) year. A first-time DUI conviction carries a mandatory suspension of at least 180 days. However, a DUI arrest does not necessarily mean conviction.
• Formal Review Hearing (FRH). However, you may gain more driving time by challenging the suspension and filing for a FRH-within 10 days of the DUI citation. It is important to file within the 10-day time limit. Until the FRH, you may be granted four (4) to five (5) weeks of business purpose only (BPO) driving.
• No hearing or lost the FRH. If an offender does not file for or loses a FRH, then the six (6) months to one (1) year suspension begins immediately. Only after 30 to 90 days of the suspension, may the offender apply for a restricted, BPO license, upon completion of “DUI School” or other required substance abuse evaluation.
• Win the FRH. If you win the FRH, you may have your license reinstated without limitation.
• The Breath Test: Failure to take the breath test may cause your driver’s license to be suspended for longer periods of time, if you are later convicted of DUI. But, if you took the breath test and blew under the legal limit of .08 BAC, then you will not lose your driver’s license immediately. For additional information, see more on the breath test.
• Business Purpose Only (BPO) Driver’s License: Generally, Utah permits application for a hardship BPO license for commuting to work or school only. You may be granted a four (4) to five (5) week BPO license, while filing for a FRH. A first-time offender may also file for a BPO permit after losing an FRH after 30 to 90 days of suspension. For additional BPO information, see more on hardship licenses.
• Aggravating Factors: There are a number of “aggravating factors” that may result in a longer license suspension. Factors that may lengthen a DUI license suspension may include: causing an accident with property damage, personal injury, or death; having a minor present; or blowing an excessively high breath test.
• “DUI School” & evaluations. To apply for a BPO hardship license, expect to be required to successfully complete “DUI School” and other substance abuse evaluations. You may also be required to comply with recommendations, treatment, or other counseling as a result of any such evaluations before obtaining a BPO license.

• Second-time Offense is serious, and the stakes are high. A license may be suspended for at least five (5) years, if the conviction is within five (5) years of the first conviction. Driving to work or school may be the least of your concerns for a second, or subsequent, conviction, since you’ll likely be looking at imprisonment of at least ten (10) days up to one (1) year for a second conviction.
Your temporary driving permit allows you to drive in the interim between the date of your arrest and the date of your court hearing. In some cases, usually in extreme or felony DUI cases, you may not be issued a temporary driving permit. More serious DUI cases may have a higher bail as well. If you cannot afford it or cannot secure a bail bond, you will have to remain in jail until your hearing Using prescription, or other drugs, or drinking, and driving, requires two components – the consumption, and the act of driving. But being caught usually means that you had an accident, or a run in with the law for some traffic or other violation, no headlights, weaving, speeding, etc. The big issue for most people is whether or not there is an issue that repeatedly has caused you problems or taken priority over other areas of your life, including your career, your family, or your education.
These are what to do when you are released after being arrested for a DUI, in the following order:
• Gather all your paperwork;
• Find and take steps to obtain your vehicle;
• Write down everything you can remember about the 6 hours before your DUI, and what happened when you were stopped, and all facts, details, and timing, about what testing you were given, including field sobriety tests, breath, blood, or urine tests.
• Catch up on sleep if needed.
• Take a deep breath. The real work is about to begin, and you will want to be calm and collected and strategic about this.
• Contact our firm, or an attorney of your choice, to have the DMV hearing scheduled. We will do this for you free of charge and will do so via fax, and follow up with phone call so that it can be proven that the request was made within 10 days.
• If you choose not to have an attorney help you, that’s fine, but make sure you contact the DMV within 10 days of your arrest. The DMV is very strict on this time limit, so do not delay. Request a copy of all police reports and documents to be used at the hearing, and request a stay on suspension (this stops any driver’s license suspension and extends your temporary license).
• Conduct attorney interviews and have them review the police report with you once sent from the DMV to you.
• Begin to gather character reference letters for use in your case, and other mitigation evidence charity work, a resume or school transcript, volunteer work, special certifications or skills, or proof of alcohol or rehab program work.
• Make sure your attorney, or you, attend your court dates, and your DMV hearing. Many people have found themselves in bigger trouble by missing an important date.
Alleged offenders must attend a court hearing, or have an attorney appear for them, about 4-5 weeks after their arrest and release. If your paperwork has a court date on it, you must show up, or an attorney must appear for you, on your behalf.
Additional Punishment.

Certain factors can allow the prosecutor to ask for additional penalties. Those include:
• Having an accident, with property damage or injury to another;
• Having a prior DUI;
• Being on probation for a DUI or any other offense;
• Having a child in the car with you (anyone under age 18 is a minor, under the law);
• Having a blood alcohol level at or above double the legal limit (0.16%);
• Allegations that you were speeding while DUI (at or above 30 mph above the speed limit while intoxicated);
• Refusing an evidentiary breath or blood test.
Tips to avoid a DWI or DUI
If you choose to drink, be sure to keep your BAC (blood alcohol concentration) low. Here are some tips for doing so.
• Keep in mind that typical drinks of beer, wine, and spirit have the same amount of pure alcohol. They are all the same to a breathalyzer.
• Remember that breathalyzers are not highly reliable. So keep your BAC far below the maximum legal limit. (This has additional advantages. It may prevent a crash, injury, or even save your life.)
• Use a personal alcohol breath tester. Just remember that it’s even less accurate than those used by the police. That’s another reason to stay well below the legal limit.
• Remember that your BAC will continue to rise after you stop drinking. Take that into consideration.
• Nibble on food or munchies during the time you’re drinking.
• If you’re at a gathering, delay having your first alcoholic drink.
• Pace your alcoholic drinks. No more than one every hour helps keep your BAC low.
• Have non-alcoholic drinks between alcoholic ones.
• Sip and savor your drinks. Don’t gulp them.
• Don’t play drinking games.
• Be wary of punches. And of drinks in unusual size or shape containers. It’s hard to know how much alcohol they contain. Thus, it’s hard to pace them.
• Even if your BAC is legal, you can still be charged with DWI/DUI! So avoid being pulled over. Keep your car in good working order. A bad tail light is an invitation to be stopped. Also obey all traffic laws. Signal when changing lanes; make no rolling stops, etc. And if pulled over, be polite.
• One foolproof ways to avoid a DWI or DUI is not to drink. Another is to use a Designated Driver.

DUI Attorney Free Consultation

If you need a criminal defense attorney to help you with a DUI charge in Utah, please call Ascent Law LLC (801) 676-5506. We want to help you with your DUI case.

Michael R. Anderson, JD

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

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Attorneys for DUI Defense in Utah

attorneys for DUI defense in utah

In Utah, Driving Under the Influence (DUI) is a serious offense. Anyone who has been charged with a DUI should seek legal assistance immediately from a licensed DUI attorney. The sooner the better. Is it really a must for a person to hire a DUI lawyer to represent him or her in the court? Can you handle the case alone? In our point of the view, the answer is no. Read on to discover why.

Seriously ѕреаkіng, еvеrу уеаr, thе ѕtаtеѕ еnасt ѕtrоngеr lаwѕ аnd mоrе ѕеvеrе penalties іn оrdеr tо рrеvеnt іrrеѕроnѕіblе drіvіng. When a реrѕоn іѕ сhаrgеd undеr DUI, hе оr ѕhе mау fасе thе fоllоwіng:

• Bеіng fіnеd

• Bеіng jailed

• Bеіng fіnеd аnd jailed

• Lоѕіng thе driving lісеnѕе

• Bеаrіng hіghеr саr іnѕurаnсе рrеmіum іn thе futurе

• Bеіng “forced” tо аttеnd mаndаtоrу аlсоhоlіс рrоgrаm tо сhаngе thе drіnkіng hаbіtѕ (for ѕеrіоuѕ саѕеѕ)

• Hаvіng a criminal conviction оn hіѕ оr her rесоrdѕ

Cаn a DUI аttоrnеу hеlр tо reduce the charge?

Bу gеttіng аn еxреrіеnсеd DUI lаwуеr, you wіll be аblе tо mаkе a dіffеrеnсе іn the оutсоmе оf уоur саѕе. Thе lаwуеr саn hеlр іn mаnу wауѕ. Thіѕ рrоfеѕѕіоnаl knоwѕ thе DUI lаwѕ vеrу wеll and уоu wіll bе аblе tо have bеttеr undеrѕtаndіng on уоur rіghtѕ. Althоugh іt іѕ wrоng fоr уоu tо abuse аlсоhоl оr drugѕ, уоur rіghtѕ аrе ѕtіll wеll protected. Thе lawyer knоwѕ whаt tо dо tо рrоvе your “іnnосеnсе” аnd gеt your сhаrgе rеduсеd оr еvеn dіѕmіѕѕеd.
Lеt’ѕ ѕее hоw thе lawyer wоrkѕ tо “rеѕсuе” уоu:

• Prоtесtіng your rights

The lаwуеr рrоtесtѕ уоur rights frоm thе mоmеnt уоu are аrrеѕtеd tо the mоmеnt уоu аrе іn соurt. Hе оr ѕhе wіll mаkе ѕurе thаt you аrе trеаtеd bу thе police іn thе рrореr mаnnеr. Yоu wіll be gеttіng fair trеаtmеnt. If уоu аrе attacked bу thе роlісе wіthоut аnу rеаѕоn, the lаwуеr іѕ rеѕроnѕіblе tо hеlр уоu tо gеt juѕtісе.

• Rеduсіng thе fіnеѕ

Fоr those реорlе whо are fасіng fіnаnсіаl hаrdѕhірѕ, thеу аrе аdvіѕеd to seek fоr lеgаl assistance. Althоugh thеу dоn’t hаvе muсh mоnеу, they ѕhоuld рау thе lеgаl fееѕ bесаuѕе іn rеturn, thе lаwуеrѕ аrе there tо hеlр thеm tо ѕаvе thеіr mоnеу bу rеduсіng оr аvоіdіng fіnеѕ wіth рrореr dеfеnѕе.

• Sаvіng уоu frоm bеіng jаіlеd

Hоnеѕtlу speaking, nоbоdу wаntѕ tо bе jаіlеd. It is thе mоѕt ѕuffеrіng thіng fоr a реrѕоn tо ѕреnd hіѕ оr her time in рrіѕоn. In оrdеr tо аvоіd ѕuсh рunіѕhmеnt, gеttіng a gооd аttоrnеу іѕ іmроrtаnt. Thіѕ рrоfеѕѕіоnаl hеlрѕ tо dеfеnd уоu frоm bеіng jаіlеd uѕіng ѕtrоng defence роіntѕ.

• Sаvіng уоur drіvіng lісеnѕе

Yоu dоn’t wіѕh tо еxреrіеnсе lісеnѕе ѕuѕреnѕіоn fоr mоnthѕ оr years. You need tо drіvе tо wоrk оr trаvеl to оthеr рlасеѕ еvеrу day. In оrdеr tо еnѕurе that уоu саn trаvеl tо уоur wоrkрlасе dаіlу аnd уоu have frееdоm tо drіvе, уоu nееd tо gеt thе lаwуеr tо assist уоu. Hе or ѕhе саn ѕаvе уоur drіvіng license.

Tо ѕum uр, dо not undеrеѕtіmаtе thе “роwеr” оf a DUI Attorney.

Free Consultation with DUI Lawyer

To see if you qualify for an expungement and to get your prior criminal record expunged, please give our office a call for your free consultation (801) 676-5506. We want to help you clean your criminal record permanently!

Michael R. Anderson, JD

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

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews


Additional Legal Resources

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What Can Someone Expect After Getting Out of Jail

What are Probate Documents?

How Does a Prior Arrest or Conviction Impact a Criminal Case?

Criminal Lawyer in Utah

DUI Lawyer Salt Lake City

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DUI Lawyer Salt Lake City

DUI Lawyer Salt Lake City

DUI Lawyer Salt Lake City

As Salt Lake City Utah DUI Defense Attorneys, we have seen all the ins and outs of what law enforcement can and cannot do. We are here to protect your rights, prove that you are innocent, or reduce your penalties if you made a mistake. We review police reports and all evidence to make sure that the police did their job correctly. If they didn’t, we’ll bring it to the judge’s attention and get your case dismissed (which we have done before for other clients).

We’ll look over the police report and all the evidence they have against you. We’ll get body cam videos, dash cam videos, blood test results or breathalyzer tests and we’ll review any witness statements. We’ll make sure that if there is a way to get your case dismissed or thrown out of court, it happens. If we can’t get your case thrown out of court, we’ll either get you the best deal possible or discuss with you your options for trial.

What is a DUI in Utah?

A DUI (or in other states called a DWI) means driving under the influence of either drugs or alcohol. DWI means driving while intoxicated. In Utah, the DUI code is found under Title 41, Chapter 6a, Part 5 of the Utah Code Annotated. Click Here to read the actual statute.

Is a DUI in Utah a Felony Crime or a Misdemeanor?

You can get charged with a misdemeanor or a felony DUI in Utah. Usually, if it is your first offense, you will be charged with a misdemeanor. This is especially likely if you have not been in a car accident as a result of the DUI and if it is your first offense. In Utah, if you have prior DUI charges, second and third DUI convictions hold very stiff penalties.

What is the Jail Time for DUI Convictions in Utah?

If it is your first time being charged, please keep in mind that a charge is not a conviction. You are innocent until proven guilty or until you plead guilty. So, with that said, if you are convicted of a DUI in Utah, the minimum sentence is 48 hours in jail and for a second DUI conviction is 10 days in jail. These are typically misdemeanor charges. If you have a third DUI conviction within 10 years, you will automatically be charged with felony DUI. Additionally, you can be charged with felony DUI if you caused a serious accident because of being on alcohol or drugs. A serious accident is one where someone died or was seriously injured. If you are convicted of a felony DUI in Utah, you are looking at more than 62 and 1/2 days in jail (minimum) or up to 5 years in state prison (maximum).

Can I Get My Jail Time Converted Into Community Service?

The short answer is maybe. We have had cases where we have gotten jail time turned into community service; however, we need a good reason to ask for it and we need a way to show that you deserve it. Some judges are more harsh in their sentencing than others. The judge assigned to your case will play a big role as to whether or not you will be able to receive community service over jail time. Please keep in mind that judges are not bound by sentencing recommendations, so they can decide differently than we have worked out with the prosecutor in your case; however, our experience has actually never seen that happen – but it could. The facts of each individual case makes a difference as to what will happen. This is why you need our office on your side. With Ascent Law, you will have seasoned criminal defense lawyers who know the judges, know the prosecutors, and can get you the best deal, or even get your case dismissed.

What are the Fines In DUI Cases in Utah?

In Salt Lake City Utah, you are looking at fines ranging from $1,395 for your first misdemeanor DUI conviction; $1,940 for your second misdemeanor DUI conviction; and as little as $3,000 for a felony DUI conviction to as much as $9,250 in total fines due to the State. These, of course, are only due if you are found guilty. As your criminal defense lawyer, we get these fines reduced to as little as possible.

For all DUI cases, courts lean toward rehabilitation now more than punishment. This means that usually the judge wants you to get better. Because this is the case, you usually have to get into some type of treatment or go to a clinic and have an evaluation done. If there is recommended treatment from a provider, you must get that treatment as part of your sentencing. If you need treatment, we can usually get the cost of treatment to offset your fines due to the court.

What is the Minimum Blood Alcohol Content For DUI in Utah?

As you have likely heard on the news, Utah now has the lowest blood alcohol content in the entire United States a .05 means that you are legally drunk and unable to drive. For some people this is just 1 or 2 beers. We recommend that you do not drink any alcoholic beverage and then drive at all. Because it is so low, the chance of being charged with a DUI is simply not worth the risk. Not only could you be charged, but you could injury yourself or someone else.

Do Not Drink any Alcohol and Drive in Utah

Drinking and driving is not only dangerous for the other guy but also for you and any of your passengers. You should refrain from drinking and driving as there is a significantly increased risk of car accidents, damage to property and injury to people. Prevention is always better than cure. Hence, drinking and driving should not go together. In all of the DUI cases we have done in Utah, there is not one where our client hasn’t had regret for what they did.

Will my Driver’s License get Suspended?

The heavy criminal DUI charges have already been explained above, but your car is likely to be impounded, and there is a mandatory suspension of your driver’s license. You can have a hearing to prevent cancellation of your driver’s license within 10 day; but even doing that it is unlikely that they will not suspend your license. Keep in mind that just being charged with the DUI will get you’re a suspended license. It doesn’t matter if we can keep you from being convicted, the DMV will still suspend your license.

DUI Attorneys in Salt Lake City To Fight for Your Rights

Ascent Law has several attorneys who are licensed and regularly practice in the Salt Lake City Third Judicial District Court and surrounding courts. We provide you with a local criminal defense lawyer for local representation in DUI matters.

We have satellite offices throughout Utah, and our main office is in West Jordan. We also accept cases in the Justice Courts located in South Jordan, Salt Lake City, Sandy, Midvale, Riverton, Draper, Magna, Alpine, Lehi, Tooele, Grantsville, American Fork, Pleasant Grove, Bountiful, Woods Cross, Lindon, Centerville, Orem, Park City, Midway, Farmington, Provo, Layton, and Heber City.

Whether you have been charged with a misdemeanor or a felony, we want to help you. Call us today to discuss your case either in person or over the phone.

Call:(801) 676-5506

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

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 47 reviews


Additional Information

Criminal Law

What Qualifies as a Hit and Run Accident in Utah?

Appeals Law

Michael R. Anderson, Criminal Defense Attorney in Utah

This information is current as of May 25, 2017.