Your Trusted DUI Defense Law Firm
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.