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Legal Defense When Facing DUI Charges
If you are facing a DUI charge, our Salt Lake City, UT DUI lawyer is here to help you. 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. Contact Rasmussen & Miner today to discuss how we can assist you.
Table of Contents
Your 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.
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.
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.
The Arraignment Process
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. A DUI lawyer in Salt Lake City, UT, can work with your specific situation to find a good outcome.
The Pretrial Process
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.
The Trial Process
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. A DUI lawyer in Salt Lake City, UT, can help you decide the best course of action in the DUI process.
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.
- 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.
Salt Lake City DUI Infographic
Salt Lake City 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.
Salt Lake City DUI FAQs
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.
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.
What does implied consent mean?
When you receive your driver’s license in Utah, you automatically consent to submitting a chemical test if you’re pulled over for a suspicion of a DUI. If you refuse to perform the chemical test, your driver’s license will automatically get suspended for 18 months.
Is a DUI a misdemeanor or a felony in Utah?
Many times, a DUI is considered a misdemeanor Utah. However, there are certain circumstances that can deem a DUI a felony. For example, if you have two prior DUI convictions on your record, your third DUI will be a felony. Likewise, if someone was seriously injured or killed because of the DUI, it is considered a felony.
Rasmussen & Miner, Salt Lake City DUI Lawyer
1334 2nd Ave, Salt Lake City, UT 84103
Contact Our Salt Lake City DUI Lawyer Today
A DUI is a serious charge and can result in jail time, fines and other penalties. Therefore, it’s in your best interest to hire a reputable DUI lawyer in Salt Lake City, UT. He or she can provide you with the best possible defense and improve your chances of getting your charges reduced or dismissed altogether. Contact Rasmussen & Miner today to schedule a consultation.
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 