DUI Lawyer Salt Lake City, UT

Here To Defend Your Rights And Future

Speak with our experienced Salt Lake City, UT DUI lawyer as soon as you’ve been arrested on suspicion of drunk driving. DUI and DWI offenses are taken extremely seriously. There’s no other way to put it. If you’re convicted of these infractions, your driving record, insurance premiums, and criminal record will reflect this turn of events. There are severe consequences traditionally associated with DUI convictions, including license suspension, fines and jail time. The sooner that our compassionate lawyer at Rasmussen & Miner can begin advising you and building a strong defense, the sooner you can benefit from truly experienced legal guidance. Your future matters, so let’s start making moves to protect it. Call us today to request a free consultation with our client-recommended defense attorney.

Table of Contents

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• • The Hearing Before The Driver License Division
  • The Steps Of The DUI Process
  • Salt Lake City DUI Infographic
  • I’ve Been Charged With DUI. What Happens Now?
  • Field Sobriety Tests
  • Questions To Ask Yourself Before Hiring Your Lawyer
  • Possible Repercussions For A DUI
  • Busting Common DUI Myths
  • Salt Lake City DUI Statistics
  • Utah DUI Laws
  • Contact Us Today
  • Rasmussen & Miner – Salt Lake City DUI Lawyer

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The 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.

Further reading: 

• How a Utah DUI Lawyer Can Make The Difference In Your Case.
• Have you Been Charged with a DUI?

It’s always troubled us 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 our 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.

The Steps Of The DUI Process

It can happen to anyone: just a drink after dinner turns into a late-night party. You drink far more than you ever intended to. Even though you should call a ride, you get in your vehicle. You begin the drive home, only to soon see flashing lights in your rearview window.

An officer assesses your condition then charges you with a DUI. This stands for “Driving Under the Influence.” You can be under the influence of either drugs or alcohol to be charged. The steps of a DUI can be lengthy. A lawyer from Rasmussen & Miner may be able to guide you during this tough time.

Arraignment  

The officer should give you a citation ticket that provides a date and time for a mandatory court appearance. This is called an arraignment. A judge will read the charges against you in court. You can then plead guilty or not guilty.

This is the first of a few steps in the process. Know that one of your rights is to have an attorney. Our defense lawyer can work with your specific situation to find a good outcome.

Pretrial 

You should have a pretrial conference a few weeks after your arraignment. This is where your DUI attorney can work with the courts on your sentencing. Some examples of this include offering up a community service sentence instead of jail time if jail time is a common sentence.

A Rasmussen & Miner attorney can also advise you of what to do next. This includes whether you should plead guilty, go to trial, or ask for a plea bargain.

Trial 

The DUI process can end before it gets to a trial. You may plead guilty or take a plea bargain. In some cases, a trial is a necessary step in your sentencing. This is a court case complete with a jury. Your attorney may ask witnesses to testify.

It can also be a lengthy operation. Your trial can range from days to weeks. This gives time for thorough questioning from the prosecution and defense. It also allows for the jury to come to a decision.

If you are headed into a DUI trial, being patient can help. Let the process unfold as it should. Additionally, you may not even reach the trial process. We can help you decide the best course of action in the DUI process.

Salt Lake City DUI Infographic

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.

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.

Possible Penalties

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 you should contact our firm 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 Offenses

If you are facing a second, third or more offense in Utah, then our experienced 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.

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.

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?

It’s common for the arresting officer to take your license if you are charged with DWI/DUI and give you a temporary license. You may need to appear at the Department of Motor Vehicles and request a hearing to keep your license. If you fail to meet the deadline, which could be as few as 10 business days from your DUI arrest, your license may be suspended. You can argue your case to the DMV to keep your license, but the decision is up to the administrative panel. Your case may depend on the circumstances of your arrest and any prior DUI convictions. If you have questions about this process or you have been issued a temporary license, please contact a Salt Lake County DUI lawyer for clarification regarding your next steps. Missteps now can significantly impact your ability to remain legally licensed in the not so distant future.

If you refuse chemical testing, blood or urine testing or a breathalyzer test, your license will most likely be suspended for up to a year. This is even if your DUI/DWI charges are dropped or you are not convicted. Depending on the rules of the state in which you were arrested, this suspension could last up to 12 months.

To get your license back, you may need to go through a treatment program at your own expense. You have to complete the program to apply to get your license back, but there’s no guarantee. You may also be charged administrative fees to get your license bank. These fees are often based on the length of time you lose your license. Expect the fees to be $200 or more, but it depends on the state in which you were arrested. Many people aren’t aware that even if they aren’t convicted of a DUI, refusing certain kinds of alcohol testing can result in a loss of their license. If you’re worried that a test refusal could impact your license, please speak with a Salt Lake County DUI lawyer for guidance.

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.

Field Sobriety Tests

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. 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 first thing to know is that, while many field sobriety tests have been created over the years, there are three which are considered “standard” because they are endorsed by the National Highway Traffic Safety Administration as reliable tools to indicate impairment (to be confirmed by breath or blood tests). The three standard field sobriety tests include:

• The walk-and-turn: The officer has you walk heel to toe in a straight line, turn around, and come back in the opposite direction. The test measures balance, coordination and ability to follow instructions.
• The one-leg stand: The officer has you stand on one foot and raise the other about six inches off the ground and hold it there for approximately 30 seconds. The test measures your ability to balance.
• The horizontal gaze nystagmus: The officer has you follow a moving object (such as his finger or a pen) with your eyes. When anyone’s eyes move from side to side, they will involuntarily jerk at extreme peripheral angles. When someone is alcohol-impaired, that jerking occurs at shallower angles.

Are These Tests Reliable?

Field sobriety tests are not reliable indicators that a person is impaired by alcohol or drugs. Some people can pass these tests when very intoxicated. Many others will fail when completely sober. Common reasons for failure include:

• Poor balance and coordination due to a medical condition, poor health or old age

• Being out of shape or obese, making it harder to perform these actions

• Suffering from an eye disorder that would skew the results of the horizontal gaze nystagmus test

• Being nervous

• Struggling to take the test and listen to directions on the side of a busy road at night (which is when DUI stops frequently occur)
• Poor instructions from the officer and subjective interpretation of the results (by the officer)

As you can see, these tests aren’t reliable indicators of impairment. But the reason they are used is simple: as a pretext to ask suspects to submit to a breath-alcohol or blood-alcohol test. The same officer who orders the test also administers it and interprets the results. You could fail a test simply because the officer wanted you to. And if you fail, the officer would then have probable cause to ask you to take a breathalyzer test.

Possible Legal Strategies For Defending Against DUIs

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 we discover any of the following, we 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.

Questions To Ask Yourself Before Hiring A Lawyer

A qualified attorney is critical to effectively handle your DUI case. You might be wondering if you should hire a firm like Rasmussen & Miner to represent you. Here are the most important questions you should consider when shopping for an attorney:

Do You Feel Comfortable Talking To Your Lawyer?

You’ll need to be completely honest with your lawyer in order for him or her to develop an effective legal strategy. This can be difficult to do, especially when you might feel shame or embarrassment over being charged with a DUI. It’s essential that you feel comfortable enough with your lawyer that you can tell the truth about the incident. Getting a DUI doesn’t make you a bad person. Everyone makes mistakes, about 1.5 million people a year, in fact, based on the National Highway Traffic Safety Administration statistics.

Does Your Lawyer Have The Right Experience?

Experience matters. Look for a firm like Rasmussen & Miner that has experience in criminal defense and specifically references DUI cases. You’ll also want to ask how many of these cases they try and when they last tried one. We been defending against DUI cases for decades. We also have experience with personal injury, which gives us unique insights into different layers of these cases that other attorneys may not have.

Does Your Lawyer Have A Good Reputation?

Looking for testimonials or reviews will give you insight directly from clients about their experience. Ask around to see if friends or family know a lawyer with a good reputation. Many of Rasmussen & Miner’s clients are referred by word of mouth, and you can read client testimonials on our website.

Do You Feel Clear On Your Defense?

This is perhaps the most critical aspect of finding experienced legal representation. Your lawyers should be able to effectively explain the strategy they will use to defend your case. They should also be direct with you on what is realistic or unrealistic to expect from your defense. You want a lawyer who is a clear communicator focused on achieving a desirable outcome for you.

Consider these questions to ensure you get the most qualified defense lawyer. Many law firms offer a free consultation so you can evaluate their services. Don’t be afraid to ask questions before committing.

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:

License Suspension

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.

Ignition Devices

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.

Rehabilitation/Treatment

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.

Insurance Rates

When you are convicted of a DWI/DUI, your insurance rates will likely increase. If your license is suspended, to get it back, you may also have to demonstrate that you can get liability insurance. Your auto insurer may drop your insurance, so you may have to shop around to find an insurance company that will offer auto insurance. It depends on your insurance company.

DUI Convictions Remain on Your Record

If you are convicted for DWI/DUI, it will remain on your record when employers run background checks. It will probably remain on your driver’s license for the rest of your life. You can’t move to another state to get away from it. As a result, it is important to seek strong reputation from an experienced Salt Lake County DUI lawyer as soon as you possibly can. If there is any way to avoid conviction, your attorney will help you do so. If not, your attorney will work hard to ensure that potential consequences of conviction are as mitigated as they can be in your case.

Further Consequences

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.

Busting Common DUI Myths

Passing A Field Test Means You Won’t Get Arrested

You may think that if you are able to easily pass a field test that an officer administers that you can completely avoid being arrested. That simply isn’t the case, since based on the officer’s opinion he or she can still ask you for a blood alcohol or breath test. Even if you refuse those further tests, which you have a legal right to, an officer can still arrest you for a DUI if they think that you could possibly endanger yourself or others because of any level of intoxication.

You Are Fine If Your BAC Is Below .05 Percent

Utah has the lowest legal blood alcohol content limit in the nation. The state takes DUI cases very seriously, which is why it is best to hire our Salt Lake City lawyer if you have been charged with a DUI. Some drivers think that as long as their BAC is below .05 then they never have to worry about a possible arrest. Just as passing a field test doesn’t keep you safe, neither does a lower BAC. A police officer can cite other reasons as to why they think you are too impaired to drive despite a lower BAC and arrest you as they see fit.

Chewing Gum/Mints Can Keep You Out of Trouble

Masking the odor of alcohol does nothing to hinder a DUI arrest. Mints and gum just turn alcohol-smelling breath into more minty alcohol-smelling breath. While trying to cover up any evidence of alcohol consumption will be futile, we can help you reduce the consequences of a DUI.

Follow The Two Drink Rule, And You Can Avoid a DUI

This common myth about the number of drinks you consume in an evening certainly doesn’t hold up. Our attorney can tell you that no person and no two drinks are the same. Everyone processes alcohol differently so there is no way to be sure that only two drinks will keep you from ever getting pulled over for a DUI. Different drinks also vary greatly in their alcohol content, so you cannot count on limiting yourself to only two drinks to keep you away from jail time.

DUI Statistics

According to statistics from the National Highway Traffic Safety Administration, approximately 1.5 million people are arrested each year for driving under the influence. This comes out to 1 out of every 121 licensed drivers ending up having to defend themselves against drunk driving charges. Having an aggressive and experienced DUI defense attorney advocating for you is critical to fighting these charges.

Utah DUI Laws

The state has implemented strict laws to deter and penalize impaired driving. If you or someone you know is facing DUI charges, seeking the assistance of our experienced Salt Lake City DUI lawyer is crucial. We’ll delve into the specific DUI laws in Utah, helping you gain a better understanding of the legal landscape surrounding DUI offenses.

The Legal Blood Alcohol Concentration (BAC) Limit

In Utah, the legal BAC limit for most drivers is 0.05%, which is lower than the limit in many other states. For commercial drivers, the limit is even lower at 0.04%. If you’re under the age of 21, there is a zero-tolerance policy, meaning any detectable alcohol in your system while driving is prohibited.

Implied Consent Laws

Utah’s implied consent laws mean that by operating a motor vehicle in the state, you have already given your consent to submit to chemical testing if you’re suspected of DUI. Refusing a chemical test can result in immediate penalties, including license suspension.

Penalties For DUI Offenses

Utah imposes strict penalties for DUI convictions, and the severity of these penalties can vary based on factors like prior convictions and the level of impairment. Penalties may include fines, license suspension, mandatory DUI education courses, and even jail time.

Enhanced Penalties For Aggravating Factors

Certain aggravating factors can lead to enhanced penalties for DUI offenses in Utah. These factors may include having a high BAC level, causing an accident resulting in injury or death, or having a minor in the vehicle.

Ignition Interlock Devices (IIDs)

In Utah, individuals convicted of DUI may be required to install an IID in their vehicle. These devices measure the driver’s BAC and prevent the vehicle from starting if alcohol is detected. IIDs are often required as a condition of regaining driving privileges after a DUI conviction.

Utah’s Strict Enforcement

Utah is known for its strict DUI enforcement efforts, including sobriety checkpoints and targeted DUI patrols. Law enforcement agencies are committed to identifying and apprehending impaired drivers to keep the roads safe.

Legal Representation For DUI Cases

If you’re facing DUI charges in Salt Lake City, it’s crucial to seek legal representation promptly. Our Utah DUI lawyer can provide thoughtful guidance and defense strategies tailored to your case. We can help you understand your rights, navigate the legal process, and work toward the best possible outcome.

Contact Us Today

At Rasmussen & Miner, we recognize the severe consequences of DUI charges in Utah. We bring a strong track record to the table, offering effective defense strategies for those facing criminal charges under the influence of alcohol.

Facing drunk driving charges can lead to a criminal record and require a license hearing, both of which demand the guidance of an experienced lawyer. Our approach is to provide the strongest defense possible, considering the specific circumstances of your case. We’ll help you navigate the legal process, from challenging the evidence of physical control to advocating for your rights in court.

As your criminal defense lawyer, we are committed to mitigating the impact of these charges on your life. Trust in our ability to build a robust defense on your behalf. Call today to request a free consultation.

Rasmussen & Miner – Salt Lake City DUI Lawyer

1334 2nd Ave
Salt Lake City, UT 84103

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Client Review

“Had a great experience with Rasmussen & Miner. Robert did an excellent job working through a very complex accident process with numerous insurance companies and medical providers. Extremely happy with the level of professional and personal service and the ultimate outcome. Highly recommend Robert and the firm!!” Daemon