Building a Strong Defense After a DUI Arrest

DUI Lawyer Salt Lake City, UT

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.