Provo DUI Attorney | 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 Probation Following a DUI Charge https://www.provoduidefense.com/probation-following-a-dui-charge/ Sun, 29 Sep 2013 23:14:10 +0000 https://www.provoduidefense.com/?p=412 If you are convicted of a DUI, you can almost guarantee you will be ordered to some kind of probation. The question is really only whether or not your probation will be supervised or unsupervised. In a sense probation is always supervised its just either supervised by the court, supervised by a probation officer, or […]

The post Probation Following a DUI Charge first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> If you are convicted of a DUI, you can almost guarantee you will be ordered to some kind of probation. The question is really only whether or not your probation will be supervised or unsupervised. In a sense probation is always supervised its just either supervised by the court, supervised by a probation officer, or supervised by a third party private supervision agency. We mostly refer to supervision by the court as being unsupervised probation. Under the DUI laws in Utah, if you are convicted of a DUI and it is your first offense, the judge may order supervised probation. Many times however, the judges do not order supervised probation on a first offense and as long as you are compliant with paying fines, taking the DUI classes, etc. you are taken off probation.

On a second or third DUI conviction, the judge is required by law to impose a supervised probation order. As part of your supervised probation you will most likely be required not to consume any alcohol at all during the time of your probation and you should expect to be tested for both drugs and alcohol along the way. Supervised probation will keep close tabs on you during your probationary period which usually lasts at least year and often longer.

DUI Probation Violations

The most important thing to know is that violating your probation in any way can easily land you in jail so having a Provo DUI Defense Attorney represent you in an order to show cause is well advised. Also keep in mind that it will be your duty to inform the court during your probation when you pass certain probationary requirements such as the Prime for Life class. Always keep a record of any classes, assessments, or treatment you received and you should always the court is provided copy of your certificates of completion. For help with DUI Probation Violations or a DUI charge itself, our team can help.

The post Probation Following a DUI Charge first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Marijuana and the DUI Metabolite https://www.provoduidefense.com/marijuana-and-the-dui-metabolite/ Fri, 21 Dec 2012 17:04:51 +0000 https://www.provoduidefense.com/?p=309 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 […]

The post Marijuana and the DUI Metabolite first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 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.

The post Marijuana and the DUI Metabolite first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> The Standing on One Leg Fields Sobriety Test https://www.provoduidefense.com/the-standing-on-one-leg-fields-sobriety-test/ Tue, 09 Oct 2012 17:58:58 +0000 https://www.provoduidefense.com/?p=301 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 […]

The post The Standing on One Leg Fields Sobriety Test first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 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.

The post The Standing on One Leg Fields Sobriety 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.]]> DUI Involving Boating or Recreational Vehicles https://www.provoduidefense.com/dui-involving-boating-or-recreational-vehicles/ Sun, 08 Jul 2012 19:53:41 +0000 https://www.provoduidefense.com/?p=295 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 […]

The post DUI Involving Boating or Recreational Vehicles first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 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.

The post DUI Involving Boating or Recreational Vehicles 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.]]> Number of DUIs Increase During Summer Holidays in Utah https://www.provoduidefense.com/number-of-duis-increase-during-summer-holidays-in-utah/ Mon, 28 May 2012 19:05:24 +0000 https://www.provoduidefense.com/?p=289 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. […]

The post Number of DUIs Increase During Summer Holidays in Utah first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 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.

The post Number of DUIs Increase During Summer Holidays in Utah 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.]]>