Jerry Salcido | Provo DUI Defense | Drunk Driving Attorneys https://www.provoduidefense.com Utah County's DUI defense law firm, protecting individuals through the Provo Orem area. Fri, 29 Dec 2023 19:15:39 +0000 en-US hourly 1 Do I Need an Expert Witness for my DUI? https://www.provoduidefense.com/do-i-need-an-expert-witness-for-my-dui/ Fri, 04 Sep 2015 21:00:58 +0000 https://www.provoduidefense.com/?p=482 The Science Behind DUIs DUIs are unlike most criminal charges because of the heavy amount of science that is involved in the cases. For example, to even be able to determine that someone is driving above the legal limit of .08 law enforcement has to involve a complicated machine to measure the breath alcohol content […]

The post Do I Need an Expert Witness for my DUI? first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> The Science Behind DUIs
expert witness in a DUI case

Sometimes an expert witness is needed in a Utah DUI to help the jury understand the science involved.

DUIs are unlike most criminal charges because of the heavy amount of science that is involved in the cases. For example, to even be able to determine that someone is driving above the legal limit of .08 law enforcement has to involve a complicated machine to measure the breath alcohol content of the individual suspected of DUI. These machines, such as the Intoxilyzer 8000, are difficult to understand. The average Joe cannot explain how the machine work.

Additionally, the science behind how alcohol is metabolized in each individual body is extremely complex. Only those trained in the applicable sciences can even begin to understand how a body can metabolize alcohol and at what rate. There is also the question of how alcohol impairs an individual and whether a certain individual is actually impaired as demonstrated by the field sobriety tests administered. Suffice it to say DUIs are not clear cut cases.

When Should You Get an Expert?

To answer this question you should determine what your trial strategy will be. For example, if your defense is that the traffic stop was illegal, there’s probably no need for an expert witness. The judge can make that determination without outside help. On the other hand, if your strategy is to attack the accuracy of the breathalyzer machine or the blood test, you will probably want an expert witness. Likewise, if you want to attack the field sobriety tests administered you would want to get an expert witness on the issue.

It is sometimes a good idea to get an expert witness early on in the case to be able to give you consultation on various issues. Having that expert consultation early on will allow you to determine if you should have an expert witness at trial.

Not every case needs an expert witness and expert witnesses are expensive. Consult with an attorney to determine if you should look into getting an expert witness.

The post Do I Need an Expert Witness for my DUI? first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Waiving Rights When Entering a Plea on a Utah DUI Case https://www.provoduidefense.com/waiving-rights-when-entering-a-plea-on-a-utah-dui-case/ Fri, 16 Aug 2013 16:52:15 +0000 https://www.provoduidefense.com/?p=403 If you are facing DUI charges and contemplating entering into some kind of a plea agreement there are some things you should keep in mind.  Specifically, you should be aware of the rights that you will be waiving if you decide to enter any kind of plea. Waiver of Rights Form Nearly every court in […]

The post Waiving Rights When Entering a Plea on a Utah DUI Case first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> If you are facing DUI charges and contemplating entering into some kind of a plea agreement there are some things you should keep in mind.  Specifically, you should be aware of the rights that you will be waiving if you decide to enter any kind of plea.

Waiver of Rights Form

Nearly every court in Utah requires a defendant who is entering into plea agreement for a DUI to sign a waiver of rights form.  Such a form explains to the defendant every right he has, but which he is waiving by entering into the plea deal.  Those forms include an explanation of the following rights:

  • The right to a trial by jury;
  • The right to confront and cross-examine witnesses for the state;
  • The right to compel favorable witnesses by subpoena to testify;
  • The right to remain silent and have the state prove each element of every charge;
  • The right to a direct appeal;
  • The right to counsel, should the client not be able to afford an attorney.

The defendant and his attorney will be required to sign off on the waiver of rights form and then appear in front of the judge.  The judge will accept the form and then will typically go over the the rights in detail with the defendant.  The judge will ask the defendant if he is under the influence of drugs or alcohol and if the defendant is doing this knowingly and voluntarily, that is, if he understands the rights he is waiving.

In addition to the waiver of rights form and the constitutional rights that a defendant waives, a court will notify the DUI defendant that there may be adverse immigration consequences by entering a plea of guilty to DUI.  For example, if you plead guilty to a DUI, you can’t go to Canada.  You should ask your lawyer what the immigration consequences are for you in your particular situation.

Give a Provo DUI Lawyer at our firm a call to better understand your rights. We offer free consultations 24/7.

The post Waiving Rights When Entering a Plea on a Utah DUI Case first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Justice Courts in Utah County | Provo, Orem, American Fork https://www.provoduidefense.com/justice-courts-in-utah-county-provo-orem-american-fork/ Tue, 22 Jan 2013 04:12:04 +0000 https://www.provoduidefense.com/?p=313 Chances are if you have been charged with a DUI in Utah County, you will be facing a charge in one of the many justice courts throughout the valley. The justice courts in Utah are the courts in which the lower level criminal charges are filed such as infractions, Class C misdemeanors, and Class B […]

The post Justice Courts in Utah County | Provo, Orem, American Fork first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Chances are if you have been charged with a DUI in Utah County, you will be facing a charge in one of the many justice courts throughout the valley. The justice courts in Utah are the courts in which the lower level criminal charges are filed such as infractions, Class C misdemeanors, and Class B Misdemeanors. Most DUIs filed in Utah are filed as Class B misdemeanors and not felonies. If you are facing a third DUI or there are aggravating circumstances surrounding your charges, you may be in district court rather than justice court.

Provo DUI Attorney

Even though you may not be facing a felony with your DUI charge, make no mistake, the justice court are still no walk in the park. Having a Provo DUI Attorney represent you in the justice courts can make all the difference in the world. When we are hired on your case, we get all the evidence and do a thorough investigation into your defenses to give you the best possible chance of resolving your case in best possible manner. Our team of DUI defense lawyers in Utah are experienced in all the justice courts in Utah Valley. It doesn’t matter if you have been charged in Provo, Orem, Spanish Fork, or Lehi, we can help. We provide free consultations right over the phone so you can get a good idea of what we think about your case quickly and know what to expect.

Appearing in Justice Court

In many instances, especially involving out of state residents, we are able to waive the client’s appearance and appear on their behalf. This is very helpful for those who are unable to be at court on an assigned day for one reason or another. We will work hard on your behalf to ensure your rights are protected and to see your case goes as smoothly as possible. Contact us 24/7 at 801.900.3371.

The post Justice Courts in Utah County | Provo, Orem, American Fork first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Horizontal Gaze Nystagmus | HGN Test https://www.provoduidefense.com/horizontal-gaze-nystagmus-hgn-test/ Tue, 13 Nov 2012 19:00:18 +0000 https://www.provoduidefense.com/?p=304 One of the most common field sobriety tests administered by law enforcement officers following suspected DUI in Utah is the Horizontal Gaze Nystagmus or “HGN” test. Some people commonly refer to this test as the “follow the pen” test. When an officer administers this test, typically after suspecting drunk driving or in some cases following minor […]

The post Horizontal Gaze Nystagmus | HGN Test first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> One of the most common field sobriety tests administered by law enforcement officers following suspected DUI in Utah is the Horizontal Gaze Nystagmus or “HGN” test. Some people commonly refer to this test as the “follow the pen” test. When an officer administers this test, typically after suspecting drunk driving or in some cases following minor consumption of alcohol, the officer will first check for equal tracking of your eyes by moving the pen or other object side to side. Next the officer will typically check your eyes for equal pupil size. At the time the officer is checking for equal pupil size, he will typically hold the pen right in front of your face and will also be checking for resting nystagmus. Nystagmus essentially means a jerking of the eyes. The video below demonstrates what nystagmus actually looks like. Next the officer will again move the pen from left to right repeating this motion checking for a lack of smooth pursuit. The officer will also check for nystagmus at maximum deviation. Which means checking to see if the eyes of the defendant twitch back and forth when looking all the way to the side. Another clue is nystagmus prior to 40 degrees. Vertical nystagmus occurs when the eyes are tracking up and down. All of these clues are demonstrated in the video provided below:

Provo Utah DUI Attorney

If you were pulled over and asked to perform field sobriety tests, it is very likely you were asked to perform the HGN test described above. At our office, we look at the details of how these tests were performed to ensure any mistakes made by the officer in collecting this evidence against you is properly addressed in court and before the jury if necessary. A Provo Utah DUI Attorney at our defense law firm can help to ensure your rights are properly protected and that officers are kept honest in the way they perform these tests and testify against you. For more information, contact us today.

The post Horizontal Gaze Nystagmus | HGN Test first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Driver’s License Hearing for a DUI in Utah | Provo DUI Lawyer https://www.provoduidefense.com/drivers-license-hearing-for-a-dui-in-utah-provo-dui-lawyer/ Fri, 05 Oct 2012 14:35:09 +0000 https://www.provoduidefense.com/?p=299 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 […]

The post Driver’s License Hearing for a DUI in Utah | Provo DUI Lawyer first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 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.

The post Driver’s License Hearing for a DUI in Utah | Provo DUI Lawyer first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Refusing a Breath Test in Utah | Driver’s License Suspension https://www.provoduidefense.com/refusing-a-breath-test-in-utah-drivers-license-suspension/ Wed, 20 Jun 2012 16:18:53 +0000 https://www.provoduidefense.com/?p=292 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 […]

The post Refusing a Breath Test in Utah | Driver’s License Suspension first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 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.

The post Refusing a Breath Test in Utah | Driver’s License Suspension first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Driving Under the Influence of Marijuana | Drug Related DUI https://www.provoduidefense.com/driving-under-the-influence-of-marijuana-drug-related-dui/ Wed, 16 May 2012 16:42:49 +0000 https://www.provoduidefense.com/?p=286 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 post Driving Under the Influence of Marijuana | Drug Related DUI first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 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.

The post Driving Under the Influence of Marijuana | Drug Related DUI first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Utah DUI Expungement | Provo DUI Defense Attorney https://www.provoduidefense.com/utah-dui-expungement-provo-dui-defense-attorney/ Fri, 06 Apr 2012 22:13:13 +0000 https://www.provoduidefense.com/?p=278 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 […]

The post Utah DUI Expungement | Provo DUI Defense Attorney first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 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.

The post Utah DUI Expungement | Provo DUI Defense Attorney first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Field Sobriety Tests | What You Need to Know https://www.provoduidefense.com/field-sobriety-tests-what-you-need-to-know/ Tue, 28 Feb 2012 22:23:42 +0000 https://www.provoduidefense.com/?p=271 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 […]

The post Field Sobriety Tests | What You Need to Know first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 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.

 

 

The post Field Sobriety Tests | What You Need to Know first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> DUI Enhancement Factors https://www.provoduidefense.com/dui-enhancement-factors/ Mon, 30 Jan 2012 23:29:30 +0000 https://www.provoduidefense.com/?p=262 The starting point for a DUI charge is without any other enhancing factors a person will be charged with a class B misdemeanor. Meaning if a person was operating or had control of a vehicle while intoxicated and this is their first or second offense, then they will be guilty of a class B misdemeanor. […]

The post DUI Enhancement Factors first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> The starting point for a DUI charge is without any other enhancing factors a person will be charged with a class B misdemeanor. Meaning if a person was operating or had control of a vehicle while intoxicated and this is their first or second offense, then they will be guilty of a class B misdemeanor. The sentencing restrictions on a class B misdemeanor are up to six months in jail and up to $1,000 fine. Along with the possible jail time and the fine a person will have to deal with a mandatory 120 day suspension of their drivers license for a first time offense.

Factors that Can Increase the DUI Penalties

As shown above the baseline penalties for a DUI are pretty severe and from their they simply get more intense depending on the circumstances of the case. If the person was driving with a passenger under 16 or inflicted bodily injury upon another as a result of their drunk driving then they will be facing a class A misdemeanor which carries a possibility of up to one year in jail and up to a $2,500 fine. Where things get really serious however is if the person is being charged with their third DUI within a ten year period or caused serious bodily injury as a result of their drunk driving. In either of those scenarios the person will be charged with a third degree felony, and could be facing up to five years in prison and up to a $5,000 fine.

Utah County DUI Attorney

At Provo DUI Defense, our lawyers are experienced criminal defenders that know how to get their clients the best outcome available. If you are looking for a DUI attorney in Provo, Orem, Lehi, Pleasant Grove or other parts of Utah County then call Provo DUI defense today. We will make sure that your rights are defended and that you understand the process before you and your possible outcomes. Call or email us today to set up a free consultation.

 

The post DUI Enhancement Factors first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]>