Salt Lake City DUI Defense Lawyer

Your Trusted DUI Defense Law Firm

Being arrested for driving under the influence is considered a very serious crime, as a DUI lawyer Salt Lake City, UT trusts can attest. The person accused of a DUI may face a variety of penalties, including jail time, fees, a mark on record, suspension of license, and more. A DUI lawyer in Salt Lake City, UT at Rasmussen & Miner can represent you during court hearings, and help ensure that your rights are being protected along the way. Our law office has been providing legal services to this community for many years. We are known for not backing down easily and can do whatever is within our power to help you build a strong defense.

There are several reasons why an officer will think they have probable cause to arrest you for DUI. These include:

Refusing Chemical Tests

Chemical tests are used to prove that a driver has a blood alcohol concentration (BAC) of .08 percent or higher. This can be done through breath tests, blood tests, or urine tests.

If a driver who is stopped on suspicion of drunk driving refuses to submit to a chemical test, such as a breathalyzer, that usually means an automatic loss of driver’s license, no matter what the eventual outcome of the drunk driving charge is. This is done under the state’s implied consent law, which states that any time a driver is operating a vehicle, they are automatically consenting to a chemical test if police ask them to submit to one.

When a driver refuses a test, the officer will obtain an immediate warrant for their arrest. In some cases, if the driver continues to refuse to submit to a test, they can be forced to take one and there may even be additional charges of obstruction of justice added on.

Although implied consent laws can mean an automatic loss of license, most attorneys advise drivers to refuse these tests since the results are not reliable, but can be used against them by the prosecution.

Failing Field Sobriety Tests

When a driver is stopped, the officer may also request they submit to field sobriety tests. These tests include the one-leg stand and the walk-and-turn. Unfortunately, these tests are all highly subjective and heavily rely on the police officer’s own opinion. There is no implied consent for field sobriety tests and drivers face no penalty for refusing to submit to them. However, it is also highly likely that refusing to submit will result in the officer placing the driver under arrest for drunk driving. Keep in mind, however, that a skilled defense attorney knows how to prevent the prosecutor from using your refusal to take the tests against you during the trial.

Remember, just because a police officer thinks he or she had probable cause to arrest you for drunk driving, a seasoned DUI defense attorney knows that there are many ways to successfully argue against this probable cause when defending their clients against drunk driving charges. Police are required to follow rules and regulations, as well as make sure that a person’s constitutional rights are protected, even if they think they are guilty of a crime.

During your arrest, it is possible that the officer who pulled you over did not follow the correct steps or protocols. Here are just a few of the main ways an officer could have handled your arrest unfairly:

Being Unjustly Stopped

If an officer stops you on suspicion of a DUI, there must be reliable grounds for pulling you over. The officer must have a legitimate reason to halt you or have a warrant. Otherwise, it may be considered an illegal search and seizure. An officer cannot stop a driver simply because they “appear drunk” or “just because”. Unfortunately, being unjustly stopped happens all too often. A Salt Lake City, UT DUI lawyer at Rasmussen & Miner can talk with you further about your case to decide if this may have been a factor in your arrest.

Incorrectly Following Sobriety Protocol

There are certain protocols set in place that an officer must abide by when performing a field sobriety test. If the officer does not follow these rules as he or she was trained, then it may be used as evidence in court. That officer may not have been trained to even offer such a test. Field sobriety tests can be incredibly subjective, so it is possible the officer interpreted your behavior as being intoxicated when you were actually under the legal limit.

BAC Test: Tainted Blood Sample

If you had to take a blood sample BAC test, it is possible that the phlebotomist who analyzed your sample was not actually licensed to conduct the test. Blood samples must also be handled in a certain way, to avoid the result becoming skewed. If your blood was not placed with care, it could have become tainted. As you can imagine, a tainted blood sample can result in an innocent driver suffering the consequences of something they didn’t truly commit.

Improperly Reciting Miranda Rights

An officer who does not properly recite the Miranda Rights to you at the time of your arrest may result in a case dismissal. A DUI lawyer in Salt Lake City, UT at Rasmussen & Miner can go over the details of your arrest with you to see if your rights were not correctly read. Anything that you said prior to rights being stated to you, may not be used against you as evidence during your case.

Contact Our Office Immediately

If you have been arrested and charged with drunk driving, we highly suggest reaching out to a legal professional as soon as possible about your DUI arrest. A DUI lawyer Salt Lake City, UT trusts at Rasmussen & Miner can meet with you at your earliest convenience. Call our office today to schedule a free and confidential consultation and find out how we can defend you against these charges.

Whenever a holiday arises, make sure that if you choose to imbibe you do so responsibly and that you don’t drink and drive. As there is usually a spike in drunk driving over holiday weekends, you can bet that law enforcement officers in Utah will be out in full force during these days and will likely set up driving under the influence (DUI) checkpoints on roads that have experienced a disproportionately high number of drunk drivers in the past. If you are stopped and charged with drunk driving, contact Rasmussen & Miner to meet with a skilled DUI defense lawyer Salt Lake City UT clients trust.

What Is a DUI Checkpoint?

A DUI checkpoint (also sometimes referred to as a “DUI roadblock” or a “sobriety checkpoint”) is a traffic stop set up by law enforcement officials that is meant to catch drunk drivers and to deter other drivers from driving drunk in the future. DUI checkpoints are not permitted in all states, but they are allowed in Utah as long as certain requirements are met. For example, DUI checkpoints must:

• Be reasonably located
• Take adequate safety precautions
• Have neutral criteria for determining which vehicles are stopped
• Not detain drivers more than a minimal amount of time
• Be publicly advertised in advance

Are DUI Checkpoints Constitutional?

The Fourth Amendment to the American Constitution requires law enforcement officers to have probable cause before pulling a driver over. In other words, a traffic stop is generally only deemed to be constitutional if the officer conducting the stop had a reasonable basis for believing that a crime had been committed. However, as our DUI lawyer Salt Lake City UT residents recommend can explain, the United States Supreme Court has ruled that drivers can legally be stopped at DUI checkpoints without probable cause because the amount of inconvenience that these stops inflict on drivers is outweighed by the importance of curbing drunk driving.

Your Rights When Stopped at a DUI Checkpoint

If you are stopped at a DUI checkpoint it is important that you know what you can and cannot legally do. In other words, it is important to know your rights. For example, did you know that you are within your legal rights not to answer a police officer’s questions when stopped at a DUI checkpoint? You also have the right to deny consent to search your vehicle. However, please be aware that the police may search your vehicle above your objections if they have probable cause and a warrant to do so. Furthermore, if you are stopped at a DUI checkpoint and are asked to perform a field sobriety test know that you have the right to refuse unless you are placed under arrest under suspicion of driving under the influence.

Being charged with DUI can be a stressful experience, as a DUI defense attorney established in Salt Lake City, Utah understands. Protect your rights by getting legal guidance so that your charges can be examined properly. If you are an individual who has been charged with DUI and would like to explore your legal options, contact a skilled and trusted attorney such as one from Rasmussen & Miner for a consultation.

DUI Defense Attorney in Salt Lake City, Utah

A DUI charge is a serious accusation, and individuals should take urgent action to consult with a lawyer about their situation. There is a statute of limitations for DUI cases under Utah state law, so the later you decide to talk with a lawyer the more difficult it may be to build a strong defense strategy.

By explaining your case details to a lawyer, they can study your case to see if the current charge can be negotiated to a less severe charge, whether you are facing a misdemeanor or felony. A lawyer may also be able to reduce the amount of a fine. They will heavily scrutinize the charges against you to spot any weaknesses or violation of your rights. For example, maybe a police officer made critical errors during a field sobriety test because of inexperience. These are factors that you should get a professional opinion on if you are facing DUI charges. For full details regarding your case, contact a Salt Lake City, UT DUI lawyer who has consistently achieved successful results for DUI cases, such as an attorney from Rasmussen & Miner.

Understanding Utah’s Drunk Driving Laws

Under Utah state law, the term DUI or “driving under the influence” is used rather than DWI or “driving while intoxicated”. If a driver is found to be drugged or legally intoxicated with a blood alcohol concentration of 0.05% or more, they can be charged with DUI. The limit was lowered in 2018 from 0.08% to 0.05%, and is the strictest drunk driving limit in the United States.

It is also possible to be charged with DUI if a driver is not operating a vehicle. This is referred to as an “actual physical control” DUI. An attorney will be able to determine if this type of DUI charge was applied correctly to your situation.

If you are ever stopped at a DUI checkpoint, there are important guidelines you should follow to avoid negatively affecting your case. Know the following tips and proper behavior at a checkpoint:

• Show your license and other documents
• Do not provide extraneous information
• Do not refuse any tests

Make an Appointment For Legal Assistance

Hiring a lawyer is advised so that you make the right preparations for a DUI charge and are not at a disadvantage. If your case goes to trial, it may be difficult to fight a DUI charge on your own if you decide to represent yourself. It takes a vast amount of legal knowledge and experience to be successful in court. Don’t wait to obtain crucial legal guidance. Contact a DUI defense attorney that Salt Lake City, Utah residents depend on and have your questions answered during a consultation.

Whether you were arrested at a DUI checkpoint or after having been pulled over it is important that you consult with an experienced Salt Lake City UT DUI defense lawyer about your legal options and how best to protect your rights. Here at Rasmussen & Miner, our team of experienced DUI defense lawyers aggressively defend clients and would be happy to assist you. To find out what our criminal defense firm can do for you, schedule a free consultation today.