Call this direct line and speak with Rob immediately: (801) 363-8500
DUI lawyer Salt Lake City UT
Rasmussen & Miner
If you are facing a DUI charge you need to look for a respected DUI lawyer Salt Lake City UT residents trust from Rasmussen & Miner. You must defend yourself first before the Driver License Division and second in a criminal court. An experienced DUI lawyer from our law firm can explain everything you need to know during this time.
Hearing before the Driver License Division
When a police officer issues you a DUI citation he takes away your driver’s license and tells you the citation that he just issued you is a temporary license. The officer should further explain that you have a right to a hearing before an administrative judge at the Driver License Division but only if you request it in writing within 10 calendar days. Failure to request the hearing within 10 calendar days will result in the automatic suspension of your license for a minimum of 120 days. Your citation is valid as a license for thirty days and your hearing before the Driver License Division must occur within that time limit.
As a skilled lawyer, it has always troubled me that the importance of this hearing and how to prepare for it is not more fully explained to the accused driver. Unfortunately the statute governing these hearings only requires that basic notice of the hearing be given to the accused driver. The accused certainly deserves more than basic notice. He should also be aware that the officer who arrested him must also submit a report, called a DUI Report, to the Driver License Division within the same 10 calendar day period. That report is the blueprint for prosecution of the accused person.
Anyone charged with a DUI should not just request a hearing but also a copy of the DUI Report if they want to have a clue as to what will transpire in the hearing they request. Of course, unless the accused is an expert in DUI law and evidence it would make more sense to retain the services of a lawyer to help them understand the Report and how they might best defend their driving privilege.
Many times everything that has transpired: from the initial stop, through field sobriety tests and arrest, is now videotaped. After consulting with a knowledgeable lawyer, you may determine that surrendering your right to remain silent is not in your best interest. In any event, the time to prepare for this hearing is always less than 30 days. It’s true you have 10, but it’s wise not to waste any time; particularly when you can call our firm and receive a free consultation as to how best to proceed.
I’ve been Charged with DUI. What Happens Now?
Being charged with DUI can be an overwhelming experience. A lot is at stake in your future. Depending on the severity of your charges you could be facing large fines and a long prison sentence. Your job and family may be at risk. Your driving privileges may be revoked for a short time or forever.
Your case is not unusual to Rasmussen & Miner Attorneys at Law. While it may be your first DUI charge or first encounter with the criminal system, as a team of DUI lawyers, we do this every day. We can help you navigate this difficult time and take your concerns off your shoulders.
- What’s the first thing I should do after my release? It’s so important to immediately write down everything you remember from the day/night of your arrest. Here are some questions to help you get started:
- Where had you been before your arrest?
- What had you been eating and drinking?
- How much alcohol did you have?
- What time was it when you got in your car?
- When and where were you stopped by police?
- What did the officer say to you? How did you respond?
Small details in DUI cases can be the difference in winning or losing. All details should be written down right away, regardless of how insignificant you believe they are. Your DUI lawyer will sort through your story and be able to identify the most relevant pieces to your case. Time is of the essence, however, to record the details. The longer you wait after your arrest, the hazier your memory will become. Write it all down while it’s still clear in your mind.
Do I have access to the police report?
You absolutely do, and should most definitely get a copy. It is well within your rights to request a copy of the report. The arresting officer’s report will contain the majority of evidence against you, including results of any field sobriety or chemical tests performed. Take the time to review this police report closely, and compare it to your notes of that night. Look for any inconsistencies between the two and bring them to the attention of your DUI lawyer.
Will I lose my license?
You will probably lose your license for at least a short time. Several factors will affect this, including your prior record and the severity of the charges against you. If you caused someone an injury or caused property damage the charges against you are likely more severe.
Some states require automatic administrative license suspension following a DUI charge. This is something you can often appeal, but you must do so within a short window of time following your arrest. Our DUI lawyers are familiar with these protocols and can assist you every step of the way.
Should I just plead guilty?
A lot of people choose to plead guilty, but they may do so without realizing their case could have been defended. If you plead guilty you are opening yourself up to the possibility of large fines, jail time, license suspension, court fees, higher car insurance rates, negative impact on your job, and expensive DUI training classes.
In many cases the cost of a DUI defense is outweighed by the long-term costs of a conviction. The team at Rasmussen & Miner Attorneys at Law is ready to review your case for free and evaluate all of your options. Call us now to get started.
Undergoing a Blood Alcohol Test
If you have been pulled over, then it is important to understand what the requirements in Utah are for whether or not you will have to undergo a blood alcohol test or breath test. Utah state law does require a mandatory blood alcohol test if the officer pulling you over has done so lawfully. If you attempt to not take this test and completely refuse, then penalties exist for not taking this mandatory test. Those penalties generally mean that your license will be taken away anywhere from 1 – 3 years depending on if this is your first offense or a repeat offense. The standard level of BAC% is .08% and higher. Speak with your DUI lawyer to learn more about these tests and what to do if you have opted to not take them and are facing penalties or fines. Utah takes DUI’s very seriously and having a lawyer on your side could be the difference between having your license revoked and paying large fines or having these things reduced or possibly dismissed.
Possible Penalties for a DUI Offense
If you are facing a DUI in Utah, then it is important to understand and know the different penalties that are involved in these types of offenses. It will also make a difference as to whether or not this is your first, second or further repeat offense for DUI. If you are found guilty of DUI, then you most likely will have to spend a minimum of 2 days in jail. The maximum amount of time spent in jail for a first offense is 180 days. The fines involved with this first DUI offense are probably going to cost over 1,250$ along with a license suspension of at least 3 months. If you are facing a DUI and are in need of someone to help lower your offense penalties and fines, then a DUI lawyer in Salt Lake City, Utah from Rasmussen & Miner can be contacted for assistance. We have dealt with numerous DUI cases and have the skills, experience, and knowledge to help you out with the charges you are facing. Contact us today for a consultation and let’s get your case going in the right direction.
Second and Third DUI Offense
If you are facing a second, third or more offense in Utah, then your Salt Lake City, UT DUI lawyer will fill you in on even more details regarding this repeat offense. The possible fines that exist for 2nd and 3rd DUI offenses range from 1,500$ – 3,000$ and possibly higher. Your license will most likely be taken away for at least 2 years as well. You will also be required to install an IID or ignition interlock device for a significant amount of time. Speak with our lawyers from Rasmussen & Miner today to look into all of the details of your case. We can help you out with your case and go over the nuances involved with what happened in your particular circumstance.
Hearing before the Criminal Court
Your hearing before the Driver License Division only concerns your license. The criminal court has the power to take: your license, liberty and money. Don’t make the mistake of believing that all DUI’s receive the same treatment. Criminal courts, their judges and prosecutors are generally employed by individual cities. Each one of these cities has different standards for how DUI’s are handled. A seasoned Utah DUI lawyer in Salt Lake City will know how best to present your case in any of the numerous city courts that may have jurisdiction over your case.
Shorten your Driver License Suspension
Did you lose your license at the hearing before the Driver License Division? This is another reason to consult with a knowledgeable DUI lawyer. Many times it is possible, given your driving history and blood alcohol level, to have your driver license suspension time cut in half. Call me today! There is a very good chance that I can use my experience as a DUI lawyer to cut your suspension in half as well.
If It’s Not Your First DUI
A record of DUI convictions may result in even more serious penalties with a subsequent conviction, which our DUI lawyer can explain at length after reviewing your case. The details of each individual’s case is what usually sways the decision process on the part of the prosecution and the Court. The driver’s past motor vehicle history plays a substantial role in this. A pattern of DUI will most often result in the most serious penalties allowable by law. However, there is hope for the driver when they hire an experienced DUI lawyer.
Quality Legal Representation Can Make a Difference
When a person who is charged with a felony DUI enlists the help of a seasoned DUI lawyer from Rasmussen & Miner, they provide themselves the best chance for a successful outcome. How is this possible? After a close examination of the details of the defendant’s case, from the moment they were pulled over by law enforcement until they were charged with DUI, there may be just cause for a dismissal or a reduction of the charge to a simple misdemeanor.
Possible Legal Strategies for Defending Against a DUI
The primary reason for why it’s so important to hire an experienced DUI lawyer is that they are much likelier to identify discrepancies and issues with the case against you than you are. If your DUI lawyer from Rasmussen & Miner discovers any of the following, they may be able to plead your case to a lesser charge or have your charge dismissed outright.
- You were not read your Miranda rights at the time of your arrest.
- A law enforcement officer lied or misled you into believing that your only legal option was to admit guilt for DUI whether or not you were actually DUI.
- The chain of custody was broken for one or more pieces of evidence in the case against you. For example, if the blood sample for the blood alcohol test has possibly been tampered with, your DUI lawyer may be able to get the test results excluded from evidence and your case dismissed.
- The law enforcement agency that arrested you did not allow you the opportunity to contact a DUI lawyer.
- The law enforcement officer who pulled you over had no just or reasonable cause for doing so.
Possible Repercussions For a DUI
Each state has laws that make it illegal to operate a vehicle while under the influence of drugs and/or alcohol. If the charge you are facing is listed as a DUI, DWI, or OUI, the repercussions can be quite severe. And unfortunately, the court system just doesn’t allow much leniency and often pushes for the most severe punishments. However, if you have a lawyer on your side who is dedicated and has represented cases like these in the past, you have a much better chance at retaining some degree of your freedom. While the laws differ by state, the penalties frequently include:
If you were arrested for a DUI, then your license is likely to be suspended for a period of time. Even if you aren’t convicted in criminal court of a DUI, DMV (or related agency) may suspend your license if the test shows that you had a BAC of 0.08% or more. If you do get convicted of the DUI, the court may decide to impose a suspension in addition to the DMV license suspension. But, these suspensions may overlap, meaning that you may not have to serve two full license suspensions. These are the kinds of details that the average person isn’t aware of, but a lawyer with experience in DUI cases does.
Serving Jail Time
Around half of the states in the U.S. impose mandatory jail sentences for first DUI convictions, and usually last from one day to a week. By having a lawyer represent your case, we can advocate for your behalf, try to reduce the time you spend in jail, or negotiate for other consequences in place of jail time.
Fines and Fees
In most states, a first time offense for a DUI will result in a few hundred dollars in fines. There are also other fees associated with the DUI charge that will increase the amount they must pay. For instance, a driver may have to pay court or license-reinstatement fees.
Drivers who have been convicted of drinking and driving may be required to install an ignition interlock device onto their vehicles. This is similar to a breathalyzer that detects the percentage of alcohol in the body, and attaches to the vehicle ignition system. The car will not start until someone blows into the tube and has a breath reading free of alcohol presence.
Some DUI offenders are court-ordered to participate in substance abuse treatment or education. The offender may be required to partake in a substance abuse evaluation and then complete recommended programs or treatments.
The repercussions listed above may not be the entirety of the potential DUI consequences. We strongly advise speaking with a lawyer as soon as you are able to after your arrest. Here at Rasmussen & Miner, we can protect your best interests and see to it that you are treated fairly by the court of law.
Give Yourself the Best Chance for Avoiding a DUI Conviction
Even lawyers rarely represent themselves when they are in court. This is because it is nearly impossible to remain objective about one’s own legal issue. When you have a seasoned DUI lawyer who is tasked with the responsibility of protecting you, you can be confident that your rights will be protected.
A DUI conviction, particularly if it’s a felony, can result in a long prison sentence, fines of many thousands of dollars, the loss of your driver’s license, and other serious penalties. Rather than risk this scenario, contact Rasmussen & Miner without delay and request a free consultation. Our DUI lawyer in Salt Lake City, Utah from Rasmussen & Miner can meet with you, review the details of your case, and let you know if our representation might be a good fit for you.