Avoiding common mistakes after a DUI arrest can make a big difference in your case.
Protect Yourself from Costly Mistakes
Many people make avoidable DUI mistakes in Utah, from missing deadlines to saying the wrong thing in court. The judicial system won’t slow down to account for those errors, which is why having an experienced criminal defense lawyer matters. Branson West Law takes the time to understand your situation, guide you through the process, and build the strongest defense possible with expert advice.
The Most Common Mistakes Made
So many people forget to read the fine print on the citation. The United States Supreme Court has emphatically stated that a driver's license is a privilege, not a right. However, in our modern world, that's not true for most people. Gone are the days when people worked 9 to 5 at the factory and could walk or take the bus to work. People need to drive. If you don't request a driver's license hearing in the first 10 calendar days, you will lose your license, regardless of how good your case might be. And there's nothing an attorney can do about it after the fact. Call now, no obligation!
The second deadline in any DUI case is to contact the court. On the left-hand side of the citation, about ¾ of the way up, you'll see your assigned court. Right below that are instructions to contact the court in "no less than 5, nor more than 14 days." Many people miss that instruction. If that happens, the court will issue a warrant for your arrest. An officer may then be sent to your home or to your place of employment to arrest you. If your job wasn't already in jeopardy, it will be if police officers show up!
Field sobriety tests, in theory, are designed to show an officer when someone is or is not impaired. That being said, it could be argued that the research is flawed and/or unfairly biased. Most people, whether sober or not, will fail the field sobriety tests. Many officers forget what it's like to be investigated for a crime. You're scared. You're embarrassed. It's probably late at night and you're tired. You may be doubting yourself. And even though you believe you are not impaired, you may be worrying, since you've had a drink. Under those conditions, you would likely fail the tests. At that point, the officer will arrest you and force you to blow into an intoxilyzer machine or draw your blood. If you don't take the field sobriety tests, the officer will arrest you, but (1) you won't have lost your dignity by failing a subjective test, and (2) you won't have given the officer unfair information they could use against you in court.
In the state of Utah, you are not required to take a breath, blood, or urine test if suspected of DUI. However, there are penalties if you don't. Under the "implied consent" law, if you refuse to give a breath, blood, or urine test when suspected of DUI, you will lose your driver's license for 18 months on a first offense or 36 months on each subsequent offense. This is the price you pay for not giving them a sample. In many jurisdictions, officers now have the E-warrant system in their cars and can contact a judge who is waiting on call to grant a warrant to draw your blood. If that happens, they will be able to take your license for 18 months and still get your blood tested. While I recommend not taking field sobriety tests, unless you can risk your driver's license for 18 months, I recommend taking a breath test.
Many people are afraid to fight. You blew over the legal limit so you're just guilty, right? Wrong. If you simply plead guilty without putting up a fight, you will get far more harsh consequences than if you assert your rights and prepare to fight. In most cases, the longer your fight, the better your outcome, even if you didn't think you had a good case to begin with.
This includes going to trial. Many people (lawyers included!) are afraid of trial. I have taken cases to trial simply because the prosecutor wouldn't make me an offer. If they won't give you a deal don't give up your rights! That's bargaining power. It's a reason for the prosecutor to make you an offer. If it doesn't work at the justice court, you can appeal and try again at the district court. The Founding Fathers of this country fought to give you Constitutional rights. Don't give them up!
Prosecutors and cops would have you believe that whatever number a machine spits out is right. If it says .08 or above, you're guilty, end of story. Wrong! It's a complicated science, and they don't want you to know about it. First of all, the machine, or Intoxilyzer 8000, is not 100% accurate. It is only required in Utah to be tested to within +/- .005. That means you could blow a .084 but actually have a blood alcohol level of .079. Also, cops are required to follow what's known as the Baker rule. It means they have to watch you for at least 15 minutes prior to having you blow in the Intoxilyzer to make sure nothing is in your mouth, you don't put anything in there, and nothing comes out. So, if you have gum in your mouth, it could cause a faulty test. If you threw up before blowing in the machine, it could be a faulty test. If you burped before blowing in the machine, it could be a faulty test. Do NOT simply accept what they tell you!
Frequently Asked Questions
The Miranda rights for each citizen and non citizen are guaranteed by the United States Constitution. They are not required to be issued by police at the time of arrest. If this happens, your attorney may ask that any statements made to the police not be used against you in a Utah Court.
These rights include:
- the right to remain silent
- the right to a lawyer present while you are questioned
- the right to an appointed lawyer if you cannot afford one.
An arrest can be frightening and stressful. Don't hesitate to call 801-285-5550 for a free and confidential consultation or to get all your questions about your rights answered.
Even if your significant other does not testify, there can still be a case against you. If they refuse to testify, they become unavailable witnesses, but their previous statements can still be used against you. If they filled out a report on the date of your arrest, that report can be entered against you, and may be worse than if they testified at your criminal trial.
Unfortunately, the victim does not represent the government or Utah Courts. Although they are required to consider the victim's circumstances and wishes, the prosecutors ultimately represent the people of Utah and the respective cities--not the victim. They are not paid by, nor do they represent the victim, or the police, for that matter. Even if the victim, or any other involved individual wanted the prosecutor to drop a case, the decision to do so still belongs to the prosecutors.
Unfortunately, providing character witnesses won't convince a prosecutor to drop your criminal or DUI charges. Most people can find someone to vouch for them if it comes down to it. Whether or not you are a good person is not the question. You may be a valuable contributor to society, but that ultimately will not matter to the prosecutor. Their job is to evaluate the evidence and get a conviction where possible. Save your breath and hire an experienced criminal defense attorney!
This is something I hear all too often. Sometimes well-meaning cops make mistakes and sometimes they let their emotions get the best of them. Either way, this is a great reason for a criminal defense trial in Utah. Just because they said you did something, doesn't make it true! Assert your rights and fight for the truth at your trial! You would be surprised how often a jury won't believe a policeman. Do they face consequences for lying? Not unless you fight them. Make them come to court and defend their lies. You have a right to testify, if you choose, and your word is just as valuable as theirs!
Important Deadlines for Your DUI Case
While being charged with a DUI can be overwhelming, it’s important not to let the chaos distract you from two crucial deadlines. These deadlines come up quickly and missing them can result in severe consequences.
The 10 Day Deadline
You have only 10 calendar days from the date of your arrest to request a hearing with the Driver License Division. If you miss this deadline, your license will be automatically suspended, no matter how strong your case is. Unfortunately, no attorney can reverse this once the deadline passes.
The 5-14 Day Deadline
You must also contact the court within 5 to 14 days of your arrest. Failure to do so will result in the court issuing a bench warrant for your arrest. This could mean an officer showing up at your home or workplace to take you into custody.
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Branson has handled thousands of DUI charge cases in Salt Lake City and the local court systems. He knows Utah's judges and he knows the prosecutors who handle the DUI cases in Utah. Most of all, he knows how to defend you against DUI charges in Utah successfully. If you find yourself charged with a DUI, call Branson, the best DUI lawyer in Utah. For those facing DUI charges in or around SLC, Branson West Law is the DUI attorney with the experience to win.