Utah Driving Under The Influence (DUI) Attorney

If you have been arrested and charged with driving under the influence of alcohol or drugs in Salt Lake City or anywhere in northern Utah, contact Rasmussen and Miner immediately. Their experienced attorneys will take swift action to build a strong case on your behalf. If there is a chance that the DUI charges can be dropped, or that your record can remain untarnished, they will explore and exploit every possible avenue. Their goal is to help you to keep your freedom and your hard-earned money. If you must ultimately be held accountable for your transgression, they will do everything in their power to ensure that you receive fair and equitable treatment.

When charged with DUI, should you answer questions? And how specific should you be?

You are required to give your name, license, registration and insurance information to the police officer when asked to do so. There is really no benefit to withholding this information, anyway. But once the police officer starts asking questions about how much you have been drinking, you can politely refuse to answer the questions if you want to. If you’re sober and you feel confident answering questions, go ahead. But if you’ve been drinking and you’re unsure of whether you’re within the legal limit, know that saying “It is my understanding that I shouldn’t answer questions without first contacting an attorney” is better than lying or trying to fudge your answers. Remember that being arrested for refusing to answer questions is often better than confessing to something illegal or lying. A confession or being caught in a lie would almost certainly be used against you later on. Waiting to answer questions until our Salt Lake City DUI lawyer is present is generally your right under the law and is certainly your right if you’ve already been arrested.

Are field sobriety tests a good idea? Should you comply?

Most Utah DUI attorneys would tell you that you can (and perhaps should) refuse a request to perform field sobriety tests. They do not actually demonstrate accurately whether someone is intoxicated. Instead, they are an easy way for a police officer to subjectively determine that you are impaired and therefore ask you to submit to more rigorous testing (such as a breathalyzer) or arrest you for drunk driving. Refusing a test can result in suspension of your license, but it might still be better than the consequences of taking one and appearing intoxicated (even if you aren’t).

Chemical Testing

Taking or refusing a chemical test is a judgment call you must make for yourself. Many Utah DUI attorneys will tell you to refuse a roadside test but to take the test at the police station (either a breath test or a blood draw). If you strongly believe you are under the legal limit, it is probably a good idea to take the test and prove it. If you know or suspect you are drunk, however, it may be in your best interests to refuse the test. With that said, making this refusal may come at a cost. Your license could be suspended and/or you could face other consequences for failing to take a blood or breath test.

Field Sobriety Tests were Administered Incorrectly

Contrary to popular belief, these roadside tests are almost never used to prove that you are sober. They are used by police to give them more evidence of intoxication so that they can administer further testing (breathalyzers). Even though the test results are highly subjective, police must still administer them according to a very specific set of protocols. Significant deviations from these procedures could result in having the test results invalidated (and perhaps suppressing results of tests that followed).

Testing Equipment was Incorrectly Calibrated

Roadside breath tests (breathalyzers) must be regularly serviced, repaired and calibrated. Maintenance records must be kept for each device. If you have reason to suspect that the breathalyzer was either faulty or improperly calibrated, our top Utah DUI lawyers can subpoena the service records to determine if maintenance was overdue or if there may have been other problems.

Problems with Blood Testing

In many DUI cases, police will arrest suspects and then submit them to further testing at the station. Usually this involves a blood test, as the results are likely to be much more accurate. But problems can occur with these tests – particularly if the samples were handled or stored improperly. In some cases, tests may have been administered by someone who wasn’t properly trained or certified to take samples or conduct tests. Any deviations from proper procedure could be grounds to challenge the results, which are often the most compelling piece of evidence in a DUI case.

Stay Polite and Calm

Throughout the entire interaction with the police officer, one of the best things you can do is remain calm and be polite. Becoming belligerent or defensive will not help you avoid further suspicion, and it will likely inspire the officer to look for a reason to arrest you. It’s important to remember that the entire traffic stop is likely being recorded by a dashboard camera or a body camera, so your behavior during the stop could be viewed later in court. It is in your best interests to appear as cool-headed and sober as possible. Additionally, behaving in a polite, respectful manner will better ensure that you remain safe during your stop. If you don’t feel comfortable interacting with the officer on the scene, respectfully state that you’ll wait to answer questions until your experienced Utah DUI attorney from Rasmussen & Miner is present.

You Need a DUI Lawyer Utah Trusts

You don’t have to face your DUI charges alone. Contact Rasmussen and Miner today for a professional evaluation and analysis of your case.

It’s time to get answers. Contact us below or call us at (801) 363-8500 for an immediate consultation with a DUI lawyer Utah drivers depend on.