Driving under the influence (DUI) is a serious offense that can have lasting consequences on a person’s record, finances, and freedom. DUI laws vary by state, but they generally prohibit operating a vehicle with a blood alcohol concentration (BAC) above the legal limit, which is typically 0.08%, according to the UTAH Department of Public Safety.
However, individuals can also face charges if law enforcement determines that their ability to drive is impaired due to alcohol or drugs, even if their BAC is below this threshold. With Preston Day Law, PLLC, you stand a much better chance at building a strong defense.
Being charged with a DUI can be a stressful experience, especially for first-time offenders. The legal process involves multiple steps, including arrest, arraignment, court hearings, and possible sentencing. Understanding the process can help individuals make informed decisions about their case and develop an effective legal strategy to challenge the charges.
What to Expect After a DUI Arrest
After being pulled over for suspected DUI, law enforcement officers typically conduct a series of sobriety tests, including field sobriety exercises and breathalyzer tests. If an officer determines there is enough evidence of impairment, the driver will be placed under arrest and transported to a police station or detention facility.
Once in custody, the accused will undergo booking procedures, including fingerprinting and a formal record of the arrest. Depending on the jurisdiction, the individual may be released on bail or held until a court hearing. The next step is an arraignment, where the accused will be formally charged and given the opportunity to enter a plea of guilty, not guilty, or no contest.
Potential Consequences of a DUI Conviction
A DUI conviction can lead to severe legal, financial, and personal consequences that may impact your daily life for years to come. Understanding these potential consequences underscores the importance of mounting a strong defense to protect your future. Here are some severe penalties that a DUI conviction can lead to.
Fines and court costs: Fines for DUI convictions can range from hundreds to thousands of dollars, depending on the circumstances.
License suspension: Many states impose a mandatory suspension of driving privileges, which can last from several months to years.
Jail time: First-time offenders may face short-term incarceration, while repeat offenders often receive longer sentences.
Probation: Courts may impose probation, requiring compliance with specific conditions, such as attending alcohol education programs.
Ignition interlock device (IID): Some states require individuals convicted of DUI to install an IID, which prevents the vehicle from starting if alcohol is detected on their breath.
Increased insurance rates: A DUI conviction often leads to significantly higher auto insurance premiums, which can remain elevated for several years.
Given these potential penalties, it’s crucial for individuals charged with DUI to explore their legal options and build a strong defense.
Common DUI Defense Strategies
When facing DUI charges, several defense strategies may help challenge the prosecution's case and potentially reduce or dismiss the charges. A strong defense can challenge the validity of the evidence presented by the prosecution.
A strong defense relies on carefully examining all details of the arrest to identify weaknesses in the prosecution’s argument. Here are several legal strategies that may be effective in fighting DUI charges.
Questioning the Legality of the Traffic Stop
Law enforcement officers must have reasonable suspicion to conduct a traffic stop. If an officer lacked a valid reason for pulling over a driver, the stop may be considered unlawful, and any evidence obtained could be inadmissible in court.
Challenging Field Sobriety Tests
Field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and prone to error. Factors such as medical conditions, uneven road surfaces, or poor lighting can impact test results. A criminal defense attorney may argue that these tests weren’t conducted under fair conditions.
Disputing Breathalyzer and Blood Test Results
Breathalyzer devices must be properly calibrated and maintained to provide accurate readings. Additionally, errors in administering blood tests, contamination of samples, or improper handling can lead to inaccurate results. An attorney can scrutinize these factors to challenge the prosecution’s evidence.
Proving Rising BAC Levels
Alcohol takes time to absorb into the bloodstream, meaning a driver's BAC could rise after being pulled over but before a breath or blood test is administered. If an individual consumed alcohol shortly before driving, their BAC might have been below the legal limit while operating the vehicle but increased by the time they were tested.
Arguing Medical or Dietary Causes of False Positives
Certain medical conditions and dietary factors can lead to false positive results on breathalyzer tests. Conditions such as acid reflux, diabetes, or the use of specific medications can affect test readings. Additionally, some diets, such as ketogenic or low-carb diets, may produce compounds that interfere with breath tests.
Working With a Criminal Defense Attorney in DUI Cases
A criminal defense attorney plays a critical role in helping individuals accused of DUI traverse the legal system and develop a strong case. Attorneys analyze all aspects of the arrest, evaluate the prosecution’s evidence, and identify weaknesses in the case.
Attorneys can negotiate with prosecutors to seek reduced charges or alternative sentencing options, such as diversion programs or rehabilitation courses.
In cases where the evidence is insufficient or law enforcement violated procedural rules, attorneys may file motions to suppress evidence or seek case dismissal. Their legal knowledge and courtroom experience provide invaluable support for those facing DUI charges.
Steps to Take If You’re Charged With a DUI
If you have been charged with a DUI, taking the right steps can help protect your legal rights and improve your chances of a favorable outcome. Here are some essential steps to take.
Remain silent: Don’t answer law enforcement questions beyond providing basic identification information. Anything said can be used against you.
Request an attorney: Contact a criminal defense attorney as soon as possible. Legal guidance can make a significant difference in the case.
Document the incident: Write down details of the traffic stop, arrest, and any tests conducted. Noting potential errors or procedural violations can aid in your defense. Throughout the process, keep detailed records and gather any evidence that may support your case, such as the officer's report, any dashcam footage, or witness statements that could contradict the prosecution’s narrative.
Follow court instructions: Attend all court hearings and comply with legal requirements, such as installing an ignition interlock device if ordered.
Explore defense options: Work with your criminal defense attorney to determine the ideal legal strategy based on the facts of your case.
Furthermore, if you were subjected to field sobriety tests or a breathalyzer, confirm the accuracy of the equipment and procedures used, as any error could undermine the case against you.
Additionally, it’s important to be aware of deadlines, as there may be critical time frames for filing motions or responses. By acting quickly and diligently, you give yourself the best chance to challenge the charges and protect your driving privileges.
Contact Attorney Preston Day for the Legal Help You Need
DUI charges can be serious and stressful in Utah, but understanding the legal process and available defense strategies can empower individuals. The consequences of a conviction can be severe, including fines, license suspension, and even jail time.
By challenging the prosecution’s evidence, identifying procedural errors, and working with a skilled criminal defense attorney, individuals can build a strong case to fight the charges. Seek legal representation early from Preston Day Law, PLLC today. Located in Alpine, Utah, the firm serves clients in Salt Lake City, Utah, and around Utah County.
