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DUI Conviction lawyer Salt Lake City UT
Are Sobriety Tests Mandatory?
It is the duty of all US citizens to not drive while intoxicated. However, many people have no idea whether or not they are required to take a sobriety test if an officer asks them to, as a DUI lawyer in Salt Lake City, UT can attest. This guide will explain what your rights are in this situation.
The Breathalyzer Test
Generally, you are under no obligation to take a sobriety test. However, there are a few situations where you are legally obligated to take the test. If you are allowed to decline, you should. Sobriety tests are subjective. Essentially, it is up to the officer to decide if the test proves whether you are intoxicated. Additionally, a sobriety test can prove your guilt, but it cannot prove your innocence, which means you have nothing to gain from taking it.
When a Sobriety Test Is Mandatory
It is very important for you to understand when you are required to take a sobriety test. Refusing to take it when you are actually legally obligated to can result in serious consequences. There are only four reasons why you might be required to take a sobriety test of some kind:
- You are already under arrest
- You are a minor
- You are on probation for a previous DUI
- Your state requires you to
The first three situations are relatively easy to understand, but the fourth is pretty broad. Each state has varying laws, and some states have laws that require drivers to take sobriety tests. You should research the laws for your state specifically or speak with a DUI conviction lawyer in Salt Lake City, UT to learn more.
Additionally, some states have laws that do not make it mandatory, but lay out consequences for refusing. For example, in California drivers are not required to submit to a test, but any driver who refuses can be held for up to 48 hours to prevent them from driving while potentially intoxicated. Your state may have a law similar to this one, so it is important for you to know your rights.
Do You Have Prior DUI Convictions?
If you have just gotten another DUI or DWI, calling Rasmussen & Miner may be in your best interest. Our DUI conviction lawyers in Salt Lake City, UT know the potential consequences of getting multiple DUIs. The penalties for multiple DUIs can be numerous. Without a good lawyer on your side, you risk losing a lot. Call Rasmussen & Miner now.
If you were accused of driving under the influence of alcohol, drugs, and any other illegal or controlled substance, you may face a serious conviction. The penalties given, upon a conviction, largely depend on the circumstances – including whether this is your first DUI. In general the more DUIs you have, the worse the penalties will be.
In Utah, DUI laws have been developed as a means of preventing people engaging in reckless behavior, such as driving under the influence, while at the same time protecting the community. This means that both police and prosecutors are very limited in their sympathy for anyone who has gotten multiple DUIs. Even if this is only your second DUI, you may be considered a repeat offender. The charges and penalties will likely be very stiff without a DUI conviction lawyer in Salt Lake City, Utah to help you out.
Look Back Periods
In Utah, and all other states, there are look back periods for a DUI. These laws outline when any DUI conviction will count as a previous offense. Utah has one of the stricter look back period times; which is 10 years. In other words, if you have gotten a DUI in the last 10 years, it can be counted as a previous offense. If your DUI was before this time, for example 17 years ago, this will likely be considered your first DUI.
The Penalties for Multiple DUIs in Utah
If you have a previous DUI, your current DUI may be charged as a second, third, fourth, and so on. The charges will also reflect your BAC limit, as well as other circumstances involved. In Utah, a second DUI could result in:
A mandatory 10 day jail sentence or 5 days in prison
- 30 days of electronic monitoring
- Loss of license for 2 years
- Up to 180 days in prison
- Fines between $500 and $1560
If this is your third DUI, you might face:
- A mandatory 62 day prison term
- Up to five years in prison
- Loss of a license for 2 years
- Up to $2600 in fines
With all DUIs in Utah, you will likely be ordered to install an Ignition Interlock Device on your vehicle. Your car will not start until you breathe into the device to prove you are below the legal limit. An IID is about $150 for the installation, $150 per month for the rental usage, and $150 for the removal fee. You will be responsible for these fees.
If your DUI led to an accident, death, or property damage, the charges can be more severe. It is highly recommended that you have a DUI conviction lawyer in Salt Lake City, UT on your side.
If you have already been arrested for a DUI, the very first thing you should do is hire a DUI conviction lawyer in Salt Lake City, UT to represent you. Hiring a DUI conviction lawyer in Salt Lake City, UT who specializes in DUI cases is especially beneficial. The longer you wait to hire a DUI conviction lawyer in Salt Lake City, UT, from Rasmussen & Miner the worse your situation will be.