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DWI lawyer Salt Lake City UT
If you have been charged with drunk driving in Utah, you may be facing some serious consequences if convicted, depending on the circumstances of the arrest and whether you have any prior DWI convictions. Not only could you lose your driving privileges, but you may also be facing jail time and hefty fines. A DWI lawyer in Salt Lake City UT can help defend against these charges and obtain the best possible outcome based on those circumstances.
There are defenses against DWI that do result in either charges being dropped or allowing the opening to work out a plea agreement with the prosecutor. The following are the most common defenses used in drunk driving cases.
The Stop Was Illegal
Police cannot just pull a driver over randomly. They must have probable cause to do so. Some of the reasons why an officer is justified in stopping a driver include speeding, failing to obey a traffic light or stop sign, failing to use a turn signal, swerving, weaving in and out of traffic, and having a light out (i.e. headlight, brake light, taillight).
As long as the officer had a legitimate reason to stop the driver, then they are allowed to conduct a limited investigation. The officer is required to inform the driver why he or she stopped them. Failure to do so or failure to have a legitimate reason can result in any of the evidence the officer subsequently collects from being used against the driver.
Field Sobriety Test Results
A Salt Lake City UT DWI lawyer can also use field sobriety test results in their defense of the driver. While these tests are often used by law enforcement to determine a driver’s sobriety, they are considered subjective – meaning it is the officer’s interpretation of the results that are used as evidence and not a concrete determination.
Field sobriety tests can include standing on one leg, reciting the alphabet backward, and walking heel to toe in a straight line and back again. The tests themselves can be difficult even for a person who is not under the influence. If a person has poor coordination or is suffering from certain physical conditions, that can have an impact on the test and make a driver appear as if they have been drinking when they have not.
Police also rely on chemical testing to determine what the driver’s blood alcohol concentration is. Anything over .08 percent is considered legally under the influence. However, even these tests can be flawed. The machines used must be properly maintained or they can give inaccurate readings. There are also outside influences that can affect the results, including certain health conditions, as well as the use of certain products, like mouthwash and medications.
If you are facing drunk driving charges, make sure you have an aggressive Salt Lake City UT DWI lawyer defending you. Call Rasmussen & Miner today to find out how we can help.