Waiving Rights When Entering a Plea on a Utah DUI Case

August 16th, 2013 by | Comments Off on Waiving Rights When Entering a Plea on a Utah DUI Case

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.

4th of July Checkpoints and DUI Blitzes

July 8th, 2013 by | Comments Off on 4th of July Checkpoints and DUI Blitzes

4th of July weekend is typically one of the deadliest weekends in the state of Utah. More accidents occur during this time of year than almost any other. This is in large part due to the sheer number of individuals out on the roads and people enjoying accident prone outdoor activities. Additionally, DUI and alcohol related incidents rise sharply over the weekend and this year law enforcement state wide is cracking down with checkpoints and DUI blitzes. The Salt Lake Tribune reported a few days ago that Salt Lake in particular was looking to past accident information to determine where their DUI blitzes should proceed in certain areas with a history of accidents. Undoubtedly there have been many individuals across the state who were cited for DUIs, drugs, and other related offenses through the holiday weekend. Since 1996, at least 1 person, usually quite a bit more, died on Utah roads during the fourth of July. Utah Highway Patrol’s goal this year was to prevent any deaths. Their main strategy for this cause was the DUI blitzes in effect throughout the weekend.

Drunk Driving Over the Holidays

Labor Day is the second most deadly day on the roads next to the fourth. The other weekend holidays are close behind with Memorial Day and others. Super Bowl Sunday always presents another time of year in which DUIs and alcohol related offense rise. We always caution our family, friends, and the community in general to drive safe and drink responsibly. We also try to provide the community with notice of DUI checkpoints and blitzes, not to avoid the law, but to help everyone be safe and to know the police are actively on the lookout for drunk drivers.

Provo DUI Defense Lawyer

While Utah County may not be known as the party capitol of the state. the valley sees its fair share of drunk driving arrests every fourth of July. If you or a friend were charged this weekend in Provo, Orem, Lehi, or anywhere else in the area, we can help. Call and speak with a Provo DUI Defense Lawyer now.

Alcohol Restricted Driver in Utah

June 23rd, 2013 by | Comments Off on Alcohol Restricted Driver in Utah

Individuals convicted under the DUI Laws in Utah with a DUI, Impaired Driving, or even an Alcohol Related Reckless Driving Charge, will most likely be labeled as an Alcohol Restricted Driver in Utah. If you are convicted with any of the above stated offenses and within 2 years from your conviction, you test positive for alcohol at all, while driving, you may be charged with a restricted driver charge. WE understand you may have already had to fight a drunk driving charge and now are forced to deal with the court system again. We are sympathetic to your plight and would like to take your defense. We fight compounded charges which just pile on penalties. It is important to note that any measurable amount of alcohol in a restricted person who is operating a vehicle or is in actual physical control of a motor vehicle may result in difficult charges being filed. You do not have to test above the legal limit to be charged with this. If you have been restricted, even a .001 could theoretically lead to an alcohol restricted charge. Therefore it is extremely important to not have any alcohol in your system at all when driving after a DUI or related charge.

Penalties for an Alcohol Restricted Driver Charge

The penalties may vary depending on certain factors related to your restriction. However, generally you can be charged with a Class B Misdemeanor for this offense and if you are convicted, you may be required to install an ignition interlock. If you already have an order for an ignition interlock, the time period in which this requirement must run may be extended. In addition, fines and other penalties can foll0w. Therefore, it is extremely important to consult with a Provo DUI Defense Attorney if you have been charged as an Alcohol Restricted Driver.

Going to Court

Going to Court on this type of offense can be intimidating without the help of a good Utah DUI Lawyer. At our law firm, we have represented numerous individuals charged with these and related offenses. You do not have to go to court alone. We offer competitive fees and payment plans for these types of cases so you should at least speak to a member of our defense team today before you make a decision that could have long term consequences. Our consultations are free and you can even hire us right over the phone.

Ignition Interlock Device in Utah | List of Providers

June 7th, 2013 by | Comments Off on Ignition Interlock Device in Utah | List of Providers

A court may order an ignition interlock device be installed in your vehicle for any of the following law violations:

  • A drunk driving conviction (DUI).
  • Conviction of an interlock violation (this means if you are suppose to have an interlock and are cited for not having one, the court can further order an interlock and give you more time for the violation).
  • Second or more subsequent offense for any related drunk driving charge including, a DUI, an impaired driving offense, an alcohol related reckless driving offense, or a metabolite charge.
  • Refusing to submit to a breath or other chemical test.
  • Automobile homicide.

You will notice above a couple of different things: First, if you are convicted of a DUI it is very likely you will have to install an interlock device on your vehicle for a period time. Second, if you were cited for not having an interlock when you were suppose to, you will get more time on that interlock requirement. Third, a second related offense no matter if it is plead down to an impaired or something similar, will require an interlock. Finally, refusing to submit to a chemical test not only can lead to an automatic license suspension, but you will very likely be required to install an interlock device as well.

List of Ignition Interlock Providers in Utah

There are several ignition interlock providers throughout the state of Utah. We can provide you with a list for your area. For more information, call and speak with a Provo DUI Attorney today. Also, if you have any questions about whether or not you may be required to install such a device, we can help. We do not charge for phone consultations and try to answer calls at all times of the day or night so there is no reason to pick up the phone now.

Prime for Life Class in Utah County

April 8th, 2013 by | Comments Off on Prime for Life Class in Utah County

The Prime for Life Class is the typical court ordered DUI class you must attend if convicted of a DUI or other alcohol related offense in Utah County. The Prime for Life Class is mandatory in almost every DUI case, unless your case is dismissed, you can bet the Prime for Life will be a part of your sentence. Being charged with a DUI carries the potential for several other penalties including large fines, community service, ignition interlocks, suspended license, and even possible jail time. As attorneys we try to make the probationary terms go as smoothly for our clients as possible. If you have been ordered to complete an alcohol assessment and take the Prime for Life class, as your attorney, we provide you with a list of options for taking the class and help you get in and out of the program successfully.

Violating DUI Probation

If you do not get the Prime for Life Class completed during the time indicated by the court, you may be in violation of your court ordered probation which could carry severe penalties. There is a fee for the Prime for Life Class and many individuals put it off because they do not want to pay the class fee. As a result they allow the time to slip by and they end up getting a notice form the court that they have not complied in a timely manner and now have to face the judge again. If you have violated your probationary terms, you need a Provo DUI Attorney to help ensure you get through the system and back on track. Do not go to court alone, at the very minimum you should call our office and get some advice over the phone.

Provo DUI Lawyer

Going through a DUI case is difficult enough, get a Provo DUI Lawyer on your defense today to help get you the best result possible. We have a list of the entire Prime for Life providers in your area and can help you get through the process without violating the court ordered terms. Call us anytime at 801.900.3371.

Spring Break in Utah and DUIs

March 13th, 2013 by | Comments Off on Spring Break in Utah and DUIs

It’s that time of year again, Spring Break is here for most students, including high school and college students, in Utah and that may mean an increase in parties and outdoor activities for many of these students across the state. Not to mention many adults also use this time of year to get out and vacation a little bit. Unfortunately, there may also be a rise in the number of DUIs handed out each year during this time as the weather warms and drinking and driving increases. We caution everyone enjoying Spring Break this year in Utah to not drink and drive and be responsible. Nonetheless, we understand many people will be charged with DUIs during spring break, as well as other charges such as marijuana possession, and we offer our services to help you get through a not so fun situation.

Minor Consumption Charges

Many college students on Spring Break may not only receive a DUI, but might also find themselves facing a Minor Consumption of Alcohol charge. The fact is the majority of undergrad college students are under the age of 21 which means the penalties and charges could be even worse in those cases. You don’t even have to be driving to lose your driving privileges for drinking under the age. If you or someone you know is under the age of 21 and is facing a DUI and/or related alcohol charges, call and speak with a Provo DUI Defense Lawyer at our office right away.

Provo DUI Defense

Whether you live in Provo, Orem, Spanish Fork, Lehi, or anywhere else in Central Utah, we can help. With UVU and BYU right here in the valley, we see a lot of charges against college students. Don’t take any chances by thinking you can go to court alone and just hope for the best. We offer payment plans for poor college students looking to get a lawyer onboard so you don’t have to take extra student loan debt to cover your legal fees. We do not charge for consultations over the phone so call now.

DUI and Texting, Man Charged with Felony in Accident

February 14th, 2013 by | Comments Off on DUI and Texting, Man Charged with Felony in Accident

Drinking and driving can be a deadly combination. Drinking and driving, and texting, is a certain mix for a potential fatal accident. Recently, a man in Utah was accused of doing just that. According to news sources, the defendant allegedly pinned a woman between his car and hers as he hit her while texting and driving. The lady was severely injured at the time of the report it was not yet known whether she would lose her leg. Authorities later reported alcohol and/or drugs may have been in the man’s system at the time. Now, authorities have charged the man with a felony and he is facing the potential of prison time. Many of us have heard how dangerous texting can be while driving. In fact, some experts have indicated it is similar to drinking drunk as far as your ability to properly operate the vehicle. As you can imagine, combining both DUI and texting is even more dangerous. We caution everyone in our community to exercise safe driving practices and neither drink and drive or text while driving. For those of you who face a DUI Charge in Utah, contact a Provo DUI Defense Attorney at our office as soon as possible.

Felony DUI Charge in Utah

If you are facing a Felony DUI Charge in Utah, you may have a few prior DUIs, or you may have been in a car accident and caused significant property damage or even worse, physical injury to another. Whatever the circumstances may be, you are entitled to a proper defense and should speak with a lawyer as soon as possible. the DUI Laws in Utah are extremely tough, you could lose your license for a long period of time and even go to jail to name just a few of the penalties you may be facing. When it is a felony DUI charge, there is the possibility of prison time so these cases should be taken very seriously and properly defended. Don’t wait, contact us now.

Justice Courts in Utah County | Provo, Orem, American Fork

January 22nd, 2013 by | Comments Off on Justice Courts in Utah County | Provo, Orem, American Fork

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.

Marijuana and the DUI Metabolite

December 21st, 2012 by | Comments Off on Marijuana and the DUI Metabolite

With the recent legalization of marijuana in some nearby western states it is important to understand how, if at all, those laws affect us in Utah. Of course marijuana is still not legal in Utah so any possession, use, or distribution of marijuana is still illegal. Most people understand this aspect of the new laws but what is less understood is how you could possibly be charged with a crime in Utah almost a month after having consumed marijuana legally in a nearby state.

DUI Metabolite

When most people thing of a DUI they think of drunk driving, while this is obviously the most common scenario there are also other ways of being charged with a DUI, like driving under the influence of marijuana for example. One of the ways you could be charged with a DUI for consuming marijuana is if a blood test is done that shows there is marijuana in your system, this is called a DUI Metabolite. The difficulty is that marijuana can stay in your system for more than a month and show up as a metabolite on a blood test even though you have smoked in weeks. So if you’re thinking about going to a state where marijuana is now legal to consume of marijuana then be aware that you may run the risk of being pulled over, having blood taken, and facing criminal charges for a DUI metabolite.

Criminal Defense and DUI Attorney in Provo

If you are facing a DUI or DUI metabolite charge then you need to protect your rights and make sure you have an attorney to help you mitigate the damage. The law is stacked against you and a blood test showing marijuana in your system can often be insurmountable evidence. With the help of the attorneys at Provo DUI Defense you can make sure that the penalties you are facing are not as bad as they would be otherwise and that your future will not be placed in jeopardy for this one mistake. Call or email us today to find out more.

Horizontal Gaze Nystagmus | HGN Test

November 13th, 2012 by | Comments Off on Horizontal Gaze Nystagmus | HGN Test

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.