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Top DUI Lawyers in Utah
Some of the Top DUI Lawyers in Utah
Most Americans understand that being arrested for intoxicated driving is a big deal, but many don’t fully understand just how cosequential a drunk driving conviction can be. For instance, do you know if you could potentially go to jail for a first-time DUI conviction? As a result, it is critically important to speak with an experienced Salt Lake Ctiy, UT DUI lawyer if you’ve been arrested and accused of driving while under the influence of an unsafe substance including too much alcohol, illicit drugs, and even prescription or over-the-counter drugs. The experienced team at Rasmussen & Miner can help to preserve your legal options and protect your rights as soon as you seek the counsel of some of the top DUI lawyers in Utah.
Driving while impaired is an incredibly dangerous behavior that costs many people their lives every year. The law treats these charges seriously, so jail time is often associated with this legal infraction. Even if you have never been convicted of any crime before, DUI or otherwise, you may be sentenced to a term of imprisonment if you’re convicted of the charges against you.
The exact amount of time spent will depend on both the state the crime took place in and how many times you have been convicted of a DUI. Whether you caused anyone any harm while you were driving will also impact whether the prosecutor in the case will seek jail time. People are usually only sentenced to time in prison after multiple DUIs or if they have caused someone great harm as a result of their actions.
Defending Against a DUI Charge
You’ve been arrested and submitted to a breath-alcohol test. The test showed that you had a blood alcohol content at or above 0.08 percent. That is seemingly an open and shut case. Do you have any options other than to just plead guilty and accept your punishment?
Many people might think that they have no defense options, but that is almost never the case. You should never make that determination without first consulting with top Utah DUI lawyers like those at Rasmussen & Miner. There are several common defense strategies that can be very effective in the right circumstances. Just a few are described below.
The Reason for the Traffic Stop was Invalid
A police officer must have reasonable suspicion to pull you over. Reasonable suspicion is a lower standard than “probable cause,” but it must still be based on something observable and observed. If you were driving in a manner that violated the law or if your vehicle was in disrepair in a way that violated local vehicle codes, you could be pulled over on the police officer’s reasonable suspicion. However, if he just had a hunch that you were doing something wrong or you simply “looked guilty,” that would not be a justifiable reason to make a traffic stop.
If the police officer didn’t have reasonable suspicion to initiate the stop, our top Utah DUI lawyers can challenge it in court. If a judge agrees that the stop was invalid, all evidence obtained during the stop can likely be deemed inadmissible in court.
Field Sobriety Tests were Administered Incorrectly
Contrary to popular belief, these roadside tests are almost never used to prove that you are sober. They are used by police to give them more evidence of intoxication so that they can administer further testing (breathalyzers). Even though the test results are highly subjective, police must still administer them according to a very specific set of protocols. Significant deviations from these procedures could result in having the test results invalidated (and perhaps suppressing results of tests that followed).
Testing Equipment was Incorrectly Calibrated
Roadside breath tests (breathalyzers) must be regularly serviced, repaired and calibrated. Maintenance records must be kept for each device. If you have reason to suspect that the breathalyzer was either faulty or improperly calibrated, our top Utah DUI lawyers can subpoena the service records to determine if maintenance was overdue or if there may have been other problems.
Problems with Blood Testing
In many DUI cases, police will arrest suspects and then submit them to further testing at the station. Usually this involves a blood test, as the results are likely to be much more accurate. But problems can occur with these tests – particularly if the samples were handled or stored improperly. In some cases, tests may have been administered by someone who wasn’t properly trained or certified to take samples or conduct tests. Any deviations from proper procedure could be grounds to challenge the results, which are often the most compelling piece of evidence in a DUI case.
Seeking Experienced Legal Guidance is a MUST
Regardless of the exact circumstances surrounding your arrest, it is important to speak with some of the top DUI lawyers in Utah as soon as you possibly can. The sooner we can start building a strong defense, the better. Don’t make assumptions regarding whether your case is severe enough to warrant severe consequences, like jail time. Let some of the top DUI lawyers in Utah evaluate your case and help you to make informed decisions about your situation accordingly.