The Standing on One Leg Fields Sobriety Test

October 9th, 2012 by | Comments Off on The Standing on One Leg Fields Sobriety Test

If you were pulled over for a suspected DUI, you were likely asked to, among other tests, stand on one leg as part of the field sobriety test conducted by the officer. In order for the test to be considered reliable and good evidence in court, the officer must perform the test according to the standards outlined by the appropriate agency. The following video provides an example of how the one legged stand is supposed to be conducted by law enforcement.


As you can see from the video, the officer is supposed to demonstrate how the test is to be properly conducted. You are suppose to raise your foot 6 inches from the ground, keeping your arms down to the side, pointing your toe, and count off using the thousands count until the officer tells you to stop.

Issues Regarding Credibility of One Legged Stand Test

There are many issues which may call the credibility of the One Legged Stand Test into question. One common scenario is when the person taking the test suffers from a physical ailment which may prevent them from performing the test such as a knee replacement, sprained ankle, or other injury to the legs or feet. Another issue which may arise involves the environment in which the test is conducted. If the person is asked to perform the test on a surface which is not flat or is otherwise comprised, this can call into question the validity. Also, the weather may make it difficult for an individual to perform the test. Particularly if it is windy outside, a person who is not intoxicated may have trouble keeping balance. For these and other reasons, it is important to consult with a lawyer to discuss the particular facts of your case and review how this particular field sobriety test was conducted in your case. Our attorneys practice in DUI defense in Utah and will provide you with a free consultation to review the field sobriety tests and other evidence in your case.

Driver’s License Hearing for a DUI in Utah | Provo DUI Lawyer

October 5th, 2012 by | Comments Off on Driver’s License Hearing for a DUI in Utah | Provo DUI Lawyer

When you have been charged with a DUI in Utah, your license will be suspended by the Driver’s License Division if you fail to request a hearing within 10 days from the date of your citation. The state is inclined to suspend your license before you are even heard in court so do not delay in addressing the matter with the DLD as soon as possible. Many people do not realize this fact and fail to ever contact the DLD only to later learn, by receiving a letter in the mail, that their license has been suspended for a period of at least 120 days or more depending on the circumstances. If you provide the adequate notice and information to the DLD, they will schedule a hearing to give you the opportunity to plead your case in hopes of keeping your driving privileges. At the hearing, the officer who cited you will be questioned by the DLD agent and you will have the opportunity to cross examine the police officer. The hearing can be conducted either in person or by telephone if you request the same within a certain period of time. It is important to understand that these hearings do not carry all of the same rights and evidence rules available in court so in many respects, the cards are stacked against the person accused. The DLD officer will not make a decision on your license until after the hearing and you will be sent a letter as to whether or not the division decided to suspend your license or take no action.

Refusing to Submit to a Breath Test

It gets even worse if you refuse to submit to a breath test. If you refuse to submit to chemical testing after you are suspected of a DUI, your license can be suspended automatically for an even longer time. You may still request a hearing with the DLD to address the license suspension but it may be even more difficult to win since the issue becomes simply whether or not you knowingly refused to take the test, not whether or not you were actually intoxicated while driving. Don’t take any chances on this, if you have been accused of refusing to submit to a breath test following a DUI stop, you need to consult with a Utah DUI Attorney in our firm as soon as possible.

Provo DUI Lawyer

Because the DLD hearing for DUIs are already prejudiced against the defendant, it is important to hire an attorney to represent you in the process if at all possible. We cannot stress enough the difference an experienced lawyer can make in the outcome of your case. An experienced Provo DUI Lawyer at our firm can give you the best chance possible of winning at the hearing and keeping your license. For more information, call us today at 801.900.3371. Our team is ready to take on the most challenging cases and our record of success on the license issue speaks for itself.

DUI Involving Boating or Recreational Vehicles

July 8th, 2012 by | Comments Off on DUI Involving Boating or Recreational Vehicles

Yes, it is possible to be cited with a DUI for drinking and driving while boating or driving recreational vehicles such as ATVs. Every year during the summer months we receive numerous calls from people cited with drunk driving for operating any number of recreational toys while under the influence of alcohol. Some of these cases are more serious than others and involve accidents with injuries to the driver, others, or both. Probably the most common DUI in this area occurs out on the water. Utah is known for its beautiful desert lakes such as Lake Powell and Sand Hallow. However, the park rangers and law enforcement officials in these hot spots are always on the lookout for people drinking on their boats. Another outdoor area in which we see a lot of people being cited for DUI is the Sand Dunes. Many people party at the sand dunes but then make the mistake of getting behind the wheel of their sand rail, dirt bike, or ATV. There seems to be high number of Sheriffs and other law enforcement officials at the sand dunes especially during the holiday weekends in the summer. We are not saying don’t go out and have fun, get out and enjoy the great outdoors Utah has to offer, just remember, if you find yourself facing a drunk driving charge in Utah from operating a fun little toy under the influence this summer, call us to take your defense.

DUI Involving Injuries in Utah

If you are involved in an accident while you are operating a boat or recreational vehicle under the influence, you will likely be facing even tougher charges and possibly a felony. In these types of cases, it is absolutely imperative you speak with a Provo DUI attorney at our law firm as soon as possible. Do not take your chances by going to court without a lawyer when injuries may have resulted from your accident.

Free Consultation

We are available by phone or email 24/7 and we provide free consultation so there is no reason not to pick up the phone and at least get a formal opinion about your case from one of our DUI defense lawyers in Utah.

Refusing a Breath Test in Utah | Driver’s License Suspension

June 20th, 2012 by | Comments Off on Refusing a Breath Test in Utah | Driver’s License Suspension

Many people do not realize that refusing a breath test in Utah can result in a driver’s license suspension. We see many cases every month where a person who was pulled over refuses to submit to a portable breath test at the scene or an intoxilyzer breath test at the police station. Often these people simply request to have an attorney present prior to any testing or ask to at least consult with a lawyer before they agree to any kind of breath test. While this intuitively makes sense to people, the fact is the law in Utah is very tough on this issue and requires all drivers suspected of a DUI to say yes to a breath test. Beware; if you are pulled over and asked to perform a breath test in Provo or anywhere else in Utah County, you could lose your driving privileges for several months if you do not agree. The officer is required to read you a refusal admonition in the event you say no; sometimes the officer forgets to do this so and this may have an impact on the outcome of your case. While you are entitled to a Provo DUI attorney to represent you if you are charged, that right does not permit you to say no to a breath test before consulting with your lawyer. The fact is in most cases, even if you refuse a breath test the police will draw your blood to test your BAC level. And if you refuse the blood draw, the police may obtain a warrant to take your blood.

Refusing Field Sobriety Tests

Refusing field sobriety tests does not carry the penalties described above. Field sobriety tests are difficult and it is possible for individuals to fail these tests even if they have not been drinking. However, you do not have to fear losing your driver’s license if you refuse a field sobriety test. The typical field sobriety tests include the HGN (the follow my pen or finger test), the Walk and Turn, and the One Legged Stand. There are many factors that can affect these tests. As such, you should speak with a lawyer about how these tests were conducted or if you refused to take the test and have been charged with a DUI in Provo, Orem, American Fork, or anywhere else in Utah County.

Utah County Law Firm

We are a Utah County law Firm committed to serving individuals charged with DUI and other related alcohol offenses in Utah. If you have been charged with drunk driving, impaired driving, or any other crime, call us today. You should especially speak with us immediately if you refused to submit to a breath test. We look forward to helping you through this difficult process.

Number of DUIs Increase During Summer Holidays in Utah

May 28th, 2012 by | Comments Off on Number of DUIs Increase During Summer Holidays in Utah

Summer is here and the summer holidays are here as well. Today is Memorial Day and Utah families and friends are out and about soaking up the sun and enjoying all the beautiful nature this great state has to offer. No doubt the state of Utah from Salt Lake and Ogden to Provo and St. George is a great place to be during the summer months. During the holidays of the summer we often see an increase in the number of calls we receive for drunk driving representation. It is no big secret that along with the family outings and holiday fun comes an increase in partying and alcohol use. There is also an increase in marijuana and other drug related case questions we receive. We encourage everyone to get out and have a good time, just remember to be responsible. If you or someone you know finds themselves facing a DUI charge in Utah or a marijuana possession charge in Provo, we can certainly help and we are always glad to do so. We focus on giving the best representation possible in Utah County and we never judge your actions. We are not so concerned with your decisions and perceived mistakes as we are with making sure you are protected in this process.

Provo DUI Defense

At our Provo Law Office, we understand that people sometimes get carried away during the summer holidays. We want to help if you find yourself being charged with a crime in Utah County. Whether it is a DUI, drug charge, or anything else related like a minors consumption case, we can help. The rest of your summer doesn’t have to be ruined, we help you get the matter resolved reasonably and quickly so you can put it all behind you and move on as soon as possible. Speak with one of our Provo DUI attorneys now.

Provo Police Officers and Sheriffs on the Prowl

The authorities are especially cognizant of the summer holidays and you can be they will be out in full force looking to pull over suspected DUIs. You have rights when it comes to when the police can stop and/or search your vehicle. In many cases, the police act outside the scope of their constitutional authority and violate rights We ensure you are protected in these cases and not taken advantage of in a sometimes prejudicial system. Call or email us anytime and we will let you know what we think about your case and options. Since we offer payment plans and reasonable rates, there is no reason not to pick of the phone now. Consultations are free and confidential.

Driving Under the Influence of Marijuana | Drug Related DUI

May 16th, 2012 by | Comments Off on Driving Under the Influence of Marijuana | Drug Related DUI

When most people think of a DUI, they automatically think of drinking and driving. However, many people in Provo and throughout the state of Utah are charged every month with driving under the influence of marijuana or some other drug related DUI. The common scenario typically goes something like this: A person is driving down the road when suddenly they notice a police officer behind them with their lights on pulling them over. The officer approaches the vehicle, mentions the driver was pulled over for some minor traffic issue such as failing to signal, speeding, or any other number of possibilities. After a minute or two the officer starts asking questions about pot. The officer perhaps indicates he/she smells weed in the vehicle. Almost always the cop then asks permission to search the car. If the driver is smart they say no. However, more often than not driver either consents to the search or even just hands over the marijuana and/or paraphernalia. The driver is then asked to exit the vehicle and given field sobriety tests. In many cases a blood sample is taken from the driver as well. The driver is ultimately charged with a drug related DUI, possession of marijuana, and paraphernalia. If this sounds like your case, you need to speak with a Provo DUI attorney at our office as soon as possible.

Utah Drug Related DUI Laws

In Utah, the penalties for a drug related DUI can be severe. As with an alcohol related offense, a marijuana case can result in the loss of your driver’s license. There is always the potential for jail time so you should take this matter very seriously. When you have been charged with a drug DUI, a DUI metabolite in Utah, the state need only prove you were driving with any measurable controlled substance. This is unlike an alcohol related offense where the .08 standard applies. For more information on the Utah drug related DUI laws, call us today at 801.900.3371.

Provo Criminal Defense Lawyer

A Provo criminal defense lawyer at our Utah County law firm is ready to help you through this difficult process. We view these cases from every angle and work hard to get you the best possible result. In DUI cases, you only have a few short days to request a hearing on your driver’s license; otherwise your license is suspended automatically. Don’t delay, call or email us now to get started. We are open all the time and you can get us retained right over the phone.

Utah DUI Expungement | Provo DUI Defense Attorney

April 6th, 2012 by | Comments Off on Utah DUI Expungement | Provo DUI Defense Attorney

Getting Your DUI Record Expunged in Utah

The DUI expungement process in Utah can be difficult to understand for those who are not lawyers.  There are multiple steps that one has to successfully fulfill in order to have a criminal record expunged.  The process is lengthy, and if you don’t know how what you are doing, the process is usually a lot longer.  Fortunately there are Provo DUI defense attorneys who also know how to expunge a DUI conviction.  In most instances, a Provo DUI defense attorney can complete the DUI expungement process without even going to court.  People who have a Utah criminal defense lawyer take care of their expungement usually complete the process more quickly than doing it on their own.

Utah DUI Expungement Qualifications

Usually, a criminal conviction may be expunged after a proscribed amount of time depending on the level of offense.  For example, a class B misdemeanor may be expunged 4 years after the case has been closed.  DUI’s, however, may not be expunged for 10 years after the case has closed regardless if the person was convicted of a misdemeanor or a felony DUI.  A case is considered closed for expungement purposes when someone is released from incarceration, parole, or probation whichever occurs last.  So, if a person was convicted of a class B DUI offense, and was sentenced to 12 months probation, the 10 year period would not begin to run until 12 months after sentence was imposed.

There are other requirements that must be present in order for a person to be eligible for expungement.  For example, if a person has too many other criminal convictions, that person may be ineligible.  The more convictions a person has, and the higher the level of offense each conviction is, the more unlikely a person is able to expunge a DUI offense in Utah.  A Provo DUI attorney can determine who is eligible for a DUI expungement in Utah.

Contact Us For a DUI Expungement

If you are thinking of expunging your DUI conviction, contact a Provo DUI defense attorney from Provo DUI Defense.  Our lawyers will be able to tell you if you are eligible for an expungement and will get started on helping you to clear your criminal record.  Contact us today by calling 801.413.1753.

Fears DUIs Will Increase With Proposed Law

March 8th, 2012 by | Comments Off on Fears DUIs Will Increase With Proposed Law

Utah Lawmakers Fear More DUIs if Law Passes

It’s that time of year in Utah where the lawmakers are passing more laws that usually make it harder for Utahans to drink alcohol.  This year, however, Utah’s strict alcohol laws may be amended to give drinkers a little more flexibility in obtaining alcohol.  No, liquor licenses will still be in short supply and the oppressive state liquor stores will continue to stay in business, but they may be open on certain holidays.  There is a bill that was just passed by the house and is before the senate for consideration that would allow state liquor stores to be open on certain holidays.  It does not ease Utah’s oppressive alcohol laws but the legislature does appear to be thinking more liberally about alcohol laws.

Many Utah legislators believe that opening liquor stores on holidays is a bad idea though.  Many fear that DUIs will increase because people have the ability to buy more alcohol on holidays when more people drink alcohol because of parties and festivities. It is hard to say if these fears are legitimate or not.  Many Utah DUI defense attorneys don’t believe DUIs will increase.  People may buy large amounts of alcohol before a holiday, drink it on the holiday, and then drive while under the influence of alcohol so it may not make a difference when they bought the liquor.  Also, beer is still available at grocery and convenience stores for people to get drunk on and bars could still sell alcohol on holidays.  Since beer and hard liquors are still available already on holidays, it doesn’t seem likely that people will drink more and commit a DUI because liquor is available from state liquor stores.

It seems unlikely that this law will affect the number and frequency of DUIs in Utah.  DUIs will continue to happen in Utah whether or not the legislature makes alcohol more available and Utah DUI defense attorneys will be around to defend the criminal charges.

DUI Charges Need Aggressive Representation

If you have been charged with a DUI anywhere in Utah, you will need aggressive legal representation.  The attorneys from Provo DUI Defense aggressively defend those accused of driving while under the influence of drugs or alcohol.  Our Utah DUI defense lawyers will help you achieve the best outcome in your case whether that is a dismissal, or a reduction of the charge to an impaired driving.  Call our office at 801.413.1753 to speak with our DUI defense attorneys today.

Field Sobriety Tests | What You Need to Know

February 28th, 2012 by | Comments Off on Field Sobriety Tests | What You Need to Know

We’ve all seen it in movies or on the side of the road, the field sobriety test can often be comical as we watch g an intoxicated individual fail the test, but if there is any comedy in the experience as a whole it ends right there. The test itself can appear to be a form of punishment as it can often feel like a form of public humiliation. However, depending on the results of the test there could be much more serious penalties on the horizon. Because of the serious ramifications of these tests it is important to understand your rights and what procedures the officer has to follow.

Testing, Probable Cause, and Arrest

When an officer pulls a person over for whatever reason and then believes that the person may be intoxicated they may administer field sobriety tests to investigate further. It is important to understand that a person does no need to submit to this testing. However, if you refuse to do the testing then the officer may arrest you for the refusal, but down the road that may be the best decision because without the test results the prosecution is going to have a much more difficult job charging and prosecuting you. Unfortunately, most people don’t know that they can refuse to take the tests or they don’t want to get arrested so they submit to the testing. The most common tests and those approved by the National Highway Traffic and Safety administration are the walk and turn test, the one-legged stand test and the HGN test.

Provo DUI Attorney | Getting Legal Help in Utah

If you are facing DUI charges in Provo or Utah County and are looking for legal help then call the attorneys at Provo DUI Defense. We can help you protect your rights and get the best outcome available. Call or email us today to set up an appointment.

 

 

Utah Considers Banning DUI Checkpoints

February 15th, 2012 by | Comments Off on Utah Considers Banning DUI Checkpoints

Lawmakers are currently considering banning all DUI checkpoints. That’s rights, believe it or not, Utah may became one of the other several states who finally do away with drunk driving stops by checkpoint. Some individuals in the state legislature believe this practice is unconstitutional and there is good reason to suggest so despite the Utah Supreme Court and SCOTUS upholding the constitutionality of these stops under certain circumstances. The truth is that these checkpoints are a violation of your rights because it allows the police to stop and questions you despite any probable cause or reasonable suspicion. Under the constitution, all of us are suppose to be free from warrantless searches, checkpoints are an infringement of those rights. The Provo DUI defense lawyers at our office have been advocating for this ban for many years.

Procedures for Conducting DUI Checkpoints

Under current law, police officers can only conduct these checkpoints if certain procedures are followed. First, the officers have to submit a plan to a judge for approval of the checkpoint. Many argue that this is akin to getting a search warrant and therefore any constitutional issues are met. Second, the officers have to post public notice of the checkpoint stating when and where it will take place. In some cases, the issue of whether or not the notice was sufficient arises. Finally, when conducting the DUI stops, the police have to place road signs that direct traffic and give notice that the cars will be stopped for DUI checks. In some instances, the police do not follow the proper procedure and as a result cases against individuals charged with drunk driving in Utah though these stops may be dismissed.

Call for Free Consultation

If you have been charged with drunk driving in Utah, you have rights and should seek the guidance and expertise of a Provo DUI attorney. If you were arrested at DUI checkpoint in Utah, you should call us right away to find out what can be done for your defense. We work very aggressively to ensure your rights are protected and to keep you out of jail if possible. For more information, call us today. We look forward to your call.