Defense of a DUI charge can be quite challenging. The main witnesses
against you are the police. There is scientific evidence from the breath test and/or the blood tests being presented against
you. The video tape of your arrest, the officer's testimony, and your performance on the Standard Field Sobriety tests may
also present damaging evidence against you.
Our firm focuses heavily on the defense of those charged with
misdemeanor and felony offenses of Driving Under the Influence (DUI). We have obtained much of the same training as police
officers in the detection of drunk drivers and the administration of the field sobriety tests. This allows us to use the officer's
training against them in your defense. Let us use put our knowledge and training to work for you.
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The DUI Process
1. Getting out of Jail:
After you've been arrested, there are several ways to get out of jail:
a. Own recognizance release
Many
offenders who do not have a significant prior criminal history are simply released on their own signature and promise to appear
in court when notified.
b. Pre-trial Services
Some offenders are released on Pre-trial
Supervision. Pre-trial Services is a sort of pre-trial probation unit that is authorized to supervise offenders so that they
can be released from jail without having to pay bail. Conditions of pre-trial release may include having to report daily,
attend drug and alcohol classes and submit to random urine tests.
c. Posting Bail
In order to ensure that an offender appears in court, some offenders are required
to post a cash bail which can rage from $500 to $1,000,000. An offender can put up the entire bail amount or can use the services
of a bail bondsman who typically charges a fee equal to 10% of the total bail amount.
CLICK HERE - http://www.bailyes.com/utah.htm
2. Getting Your Car Out of Impound:
Following
an arrest, officers in Utah have the authority to impound a DUI suspect's car. In order to have your vehicle released from
impound you must pay a $230 DUI impound fee to the DMV and obtain a release authorization. Then, you must take the release
authorization to the impound lot where your car was towed and pay the towing and storage fees. Use the attached link for more
information on how to obtain the release from the DMV and locate your car. CLICK HERE - http://dmv.utah.gov/impound.html
3. Driving After Your Arrest:
If you had a valid
license at the time of your arrest the officer should have issued you a temporary driver's license good for 30 days from the
date or your arrest.
Check your copy of the DUI Summons and Citation to see if the arresting officer checked the 'Valid'
box near the bottom of the citation certifying that the DUI Summons and Citation serves as a temporary license for 30 days.
4. Driver's License Suspension:
1st Offense 90
days; 2nd or subsequent Offenses 12 months; 1st refusal to submit to a chemical test - 18 months; 2nd refusal to submit to
a chemical test or 1st refusal with prior DUI conviction - 24 months
*Utah law does not allow DUI offenders to obtain a restricted license
to and from work or school. If you are caught driving, for any reason, during the suspension period, your suspension time
will be doubled, and you will be charged with Driving on Suspension, a Class B Misdemeanor.
5. Motor Vehicle Hearing:
To preserve your right
to drive in Utah, you must submit a written request for hearing within 10 calendar days of the date of your arrest. After
you submit the request, you will be mailed a notice of hearing in about 7-10 days, after you submit your request. A hearing
must be held within 29 days of the date of your arrest. DMV hearings can be won and your license saved on many grounds, so
it is important to have a skillful and knowledgeable attorney represent you at the hearing.
6. Arraignment:
This is the first hearing in a
Misdemeanor DUI case. At this hearing, you enter your initial plea of guilty or not guilty. You may be able to avoid having
to appear at this hearing by filing a written Entry of Not Guilty Plea.
7. Pre-trial Conference:
At the pre-trial conference,
your attorney can discuss your case with the prosecutor and attempt to negotiate a reasonable plea agreement. If you are unable
to reach a plea agreement, the pre-trial conference can be used to schedule further hearings in your case or a trial date.
8. Motion/Suppression Hearing:
A skilled attorney
may be able to file Motion to Suppress asking the court to suppress some or all of the evidence. If the Motion is granted,
a case can be dismissed or seriously weakened. There may be several motions, which can be filed, depending on the facts of
your case.
9. Trial:
If your are unable to negotiate
a satisfactory plea agreement and your case is not dismissed on a Motion to Suppress, you have the right to have your case
tried before a judge (bench trial) or a jury (jury trial). Most DUIs are tried before a jury of four (4) people.
All members of the jury must agree to find the defendant guilty in order to convict.
10. Appeal:
If you are found guilty, you have
the right to appeal. A written Notice of Appeal must be filed within 30 days of the conviction.
11. Sentencing:
The defendant has the right to
be sentenced in no less than two (2) but no more than forty-five (45) days. The defendant has the right to
waive time for sentencing and be sentenced immediately, if he or she chooses.
12.DUI Penalties:
1st Offense in 10 years - Class B Misdemeanor
0-180 days in jail (minimum mandatory two (2) days in jail or 48 hours of community service) $1850 fine and fee
(minimum fine and fee of $1295) Mandatory counseling Ignition Interlock Device Probation up to 18 months
2nd Offense in 10 years - Class B Misdemeanor 0-180
days in jail (minimum mandatory 10 days in jail or 240 hours of community service) $1850 fine and fee (minimum fine and fee
of $1480) Mandatory Counseling Ignition Interlock Device Probation up to 18 months
3rd Or subsequent offense in 10 years - 3rd Degree Felony
0-5 Years in Prison (minimum 62 days in jail) $9,250 fine and fee Residential Treatment Probation up to 36 months
