**WARNING – You only have 10 days to file a driver’s license hearing request.**
You have 10 days from the violation date to submit a written request for an administrative hearing with the Utah Driver’s License Division (“DLD”). Failure to request a hearing may lead to the automatic suspension of your driver’s license. I can help you with filling out the form or I can provide you with a blank copy for no charge. Don’t let this deadline pass without filing a request for a hearing.
DUIs are taken very seriously in Utah. For years Utah has been one of the most aggressive states with making the laws strict on drivers. In 2018 Utah was the first state to lower the Blood Alcohol Content level (“BAC”) to .05, down from .08. This new .05 level is referred to as a “Per Se” limit meaning that if you are at .05 or above you will be considered as impaired and in violation of the DUI law regardless of whether or not you are actually impaired. In Utah there are approximately 30 drivers charged with DUI every day. The actual amount varies and we don’t know yet if the new law is going to make a big change in that amount. Prosecutors already had the ability to charge people that were under the .08 limit before the change to .05 BAC so reasons for the lowered limit are still being debated.
You can be charged with a DUI in Utah under multiple theories. They all involve an accusation of the driver using alcohol, drugs or a combination of the two. The State can charge you with a DUI if you are driving a vehicle or are what they call in “Actual Physical Control” of a vehicle. You can be charged with a DUI if you are over the .05 BAC when they do the test or at the time you were driving the vehicle. You can be charged with a DUI if you are impaired by drugs and / or alcohol to a degree that you cannot safely operate a motor vehicle. You can also be charged with Driving with a Measurable amount of an illegal Controlled Substance in your body which is often referred to as a DUI Metabolite charge. An example of a DUI Metabolite charge could include that you smoked marijuana 3 weeks or more prior to being stopped by an officer. You clearly are not impaired but if the drug test comes back with the marijuana in your system you can be charged with the DUI Metabolite.
I represent people charged with all types of DUI, alcohol and drug charges including but not limited to: drug possession, DUI, DUI Metabolite, reckless driving, alcohol restricted driver, ignition interlock violations, impaired driving, refusing to take a breathalyzer or blood test, public intoxication, vehicular manslaughter and automobile homicide. Any type of drug or alcohol related crime, call and talk to me. There is no charge for the initial consultation.
I start all of my cases with going back to the beginning of where your violation began. Why did the police contact you? Was it a checkpoint, a traffic violation or a tip from another person? Laws are in place to protect you from illegal stops, searches and seizures. How did the officer get to suspect you may be under the influence of drugs or alcohol? Again, rules are in place that need to be followed. What testing was done? Was the testing done correctly? This could apply to the standard field sobriety tests (“SFST”) done by the officer, the breathalyzer machine or chemical testing done by the crime lab. All of these have rules that needed to be followed. There are more laws and rules dealing with many areas of a DUI or other traffic or criminal investigation. If we can show certain rules or laws weren’t followed it’s possible to have some or all evidence kept out of your case. That could save your driver’s license, put you in a much better position for trial or it could even result in having your case dismissed without having to go to trial.
Remember that with a DUI, just like all criminal cases, the burden is on the State to prove that they did everything legally and that they have enough evidence to convict you at trial. Don’t just go to court and plead guilty without having a DUI attorney review all of the evidence for errors and to make sure the evidence is there. Even if you believe you are guilty and the state can prove the case, it isn’t unusual for a skilled attorney to be able to negotiate on your behalf and have charges reduced, dropped or a more favorable sentenced stipulated to. DUIs can impact you for years to come with probation, fines, court hearings, treatment and classes, future enhancements, background checks, firearms, insurance costs and more. This is an issue that you need someone doing all they can to fight for you.
To be effective as a defense attorney you need to go through each step a piece at a time and you need to know what you are looking for. I spent several years as a prosecutor and I went through a lot of training with the police officers. Later in my career I assisted with training the police officers on many areas of the law including DUIs. I was also available 24 hours a day to answer calls for officers that needed more direction or advice. Now I’ve been working on the Criminal Defense side for more than 10 years. Now I’m available to help you 24 hours a day, just contact me.
Our offices in Salt Lake City, UT provides legal services to the following counties: Davis, Weber, Cache, Morgan, Tooele, Summit, Iron and Washington Counties.
299 So. Main Street # 1300
Salt Lake City, UT 84111
Cell Phone / Text Messaging — 801-712-8990