PDFs

What is the advantage you provide for those accused of a DUI?

DUI Defense Lawyer Holbrook: A great deal of clients come to me and say, "I got charged with a DUI", and they instantly assume they are guilty. That may not hold true as cops have to follow a strict method, and I have actually had a great deal of training on that procedure. So, things like the field sobriety examination and the eye examination are part of those treatments. It's unbelievable how many cops who administer those tests inadequately.

All DUI defense lawyers are criminal defense attorneys, but not all criminal defense attorneys are DUI lawyers. They don't look extensively at the body cam or dashcam videos for the field sobriety examinations. Then there's a chain of custody concerns that come with blood test outcomes and a multitude of proof to attack the Intoxilyzer examination. A lot of criminal defense lawyers are not familiar with that.

What are the penalties for a drunk driving first?

DUI Lawyer Holbrook: It's a maximum charge of six months in jail. In Utah, it's a class B misdemeanor, and the fines are up to $1,500, with an obligatory two days behind bars. Instead of the 2 days in jail, the majority of judges allow you do 48 hours of community service. With a DUI conviction in Utah, you need to get an interlock device and pay for it. That is among the concealed costs that add up in a DUI.

When you get cited for a DUI, you have ten days to appeal the driver's license suspension. And after that you have 10 days to alert the Utah Driver's License Division that you wish to establish your right to have a hearing. Yet the cops inform you that you have 5-14 days to notify the local court where the charges are pending. A great deal of people confuse 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 believe the DLD hearing is vital, although several criminal defense lawyers say it's worthless.

I like to develop a record, so the DLD hearing has value. They record the hearings, so if an officer says one thing in a Driver's License Division hearing and flip flops his story later, I can better build a case. Some officers don't call into those DLD hearings, so the Utah Driver License Division will not act

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 give blood, breath, or urine samples if requested by the cops. You can decline, however the penalty is typically an 18-month suspension on your vehicle driver's license. If you had actually submitted and were over the legal limit, your driver's license would certainly be cancelled for 120 days.

Besides the breath test, are there points the police are observing?

DUI Lawyer Holbrook: There are 24 clues they search for like sudden motions, hard braking, and acceleration, or slow to pull over. One more clue is not if you struck an object, but if you nearly struck an item, which I think is odd. I have actually had police officers testify that they have actually pulled a person over, and they went to the wrong side of the road or bumped the curb. Then they're searching for clues from the minute they come up to your auto. When you roll down the window, they smell for alcohol.

Furthermore, there are the field sobriety tests. Points like the nine-step walk and turn and the one-leg stand test. They call them attention divided tests. When they ask for your license, registration and insurance, that's an attention divided examination because they're wanting to see just how you manage this circumstance. Other factors include; did you remember to release your safety belt when you attempted to leave the automobile, or did you use it to get out or prop yourself? There are all sorts of clues for the officers.