DUI Defense Lawyers 84414
What is the benefit you supply for those accused of a DUI?
DUI Defense Lawyer Holbrook: A great deal of customers involve me and say, "I got charged with a DUI", and they automatically assume they are guilty. That may not hold true as cops need to comply with a rigorous procedure, and I've had a great deal of training on that procedure. So, things like the field sobriety examination and the eye examination become part of those treatments. It's amazing the number of cops who carry out those examinations poorly.
All DUI defense lawyers are criminal defense attorneys, but not all criminal defense attorneys are DUI lawyers. They do not look in-depth at the body cam or dashcam video clips for the field soberness tests. Then there's a chain of custody concerns that come with blood examination results and a multitude of evidence to poke holes in the Intoxilyzer examination. A great deal of criminal defense attorneys are not aware of that.
What are the penalties for a DUI first?
DUI Lawyer Holbrook: It's a maximum fine of 6 months behind bars. In Utah, it's a class B misdemeanor, and the fines are up to $1,500, with a mandatory two days behind bars. As opposed to the two days behind bars, the majority of judges let you do forty-eight hours of community service. With a DUI sentence in Utah, you need to obtain an interlock device and pay for it. That is just one of the hidden expenses that accumulate in a DUI.
When you get cited for drunk driving, you have ten days to appeal the driver's license suspension. And then you have 10 days to alert the Utah Driver's License Division that you want to establish your right to have a hearing. However the police officers inform you that you have 5-14 days to notify the local court where the charges are pending. A lot of individuals mix up that 10-day DLD hearing with the 5-14-day criminal charges. So, in some cases I get a DUI case when the 10 days have passed. What's more, I think the DLD hearing is crucial, even though lots of criminal defense attorneys state it's worthless.
I like to build a record, so the DLD hearing has value. They record the hearings, so if an officer claims something in a Driver's License Division hearing and flip flops his story later on, I can further build a case. Some officers don't call right into those DLD hearings, so the Utah Driver License Division will certainly not do something about it
In Utah, can you refuse the roadside breath examination?
Utah has an implied consent law. When you obtain a driver's license, you consented to provide blood, breath, or urine samples if requested by the authorities. You can refuse, but the penalty is generally an 18-month suspension on your vehicle driver's license. If you had submitted and were over the legal limit, your driver's license would certainly be suspended for 120 days.
Besides the breath examination, are there points the cops are observing?
DUI Lawyer Holbrook: There are 24 clues they look for like sudden movements, hard braking, and acceleration, or slow to pull over. Another clue is not if you hit an object, but if you nearly hit an item, which I think is strange. I've had police officers testify that they've pulled someone over, and they went to the wrong side of the roadway or bumped the curb. Then they're searching for clues from the second they come up to your vehicle. As soon as you roll down the window, they smell for alcohol.
Furthermore, there are the field sobriety tests. Things like the nine-step walk and turn and the one-leg stand test. They call them attention divided examinations. When they request your license, registration and insurance, that's an attention divided test because they're aiming to see just how you manage this situation. Other points consist of; did you forget to undo your safety belt when you attempted to leave the vehicle, or did you utilize it to get out or prop yourself? There are all sorts of clues for the police officers.