Provo DUI Defense Lawyer | 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 No Alcohol, No Drugs, No Prescriptions, No DUI?…Not Necessarily https://www.provoduidefense.com/no-alcohol-no-drugs-no-prescriptions-no-dui-not-necessarily/ Fri, 21 Feb 2014 22:10:58 +0000 https://www.provoduidefense.com/?p=430 Did you know you could possibly be charged with a DUI even if you have consumed no alcohol, have no illegal drugs in your system, and have no prescription drugs in your system? Unfortunately this is true. In Utah, and many other states, you can charged with a DUI for driving under the influence of […]

The post No Alcohol, No Drugs, No Prescriptions, No DUI?…Not Necessarily first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Did you know you could possibly be charged with a DUI even if you have consumed no alcohol, have no illegal drugs in your system, and have no prescription drugs in your system? Unfortunately this is true. In Utah, and many other states, you can charged with a DUI for driving under the influence of “any drug” which renders you incapable of safely operating your vehicle. Yes, “any drug” could even mean over the counter medications that people take routinely. Many over the counter medications can cause people to become drowsy or incapable of safely operating a vehicle. For instance, lets say you were on a combination of non prescription medicines dealing with allergies and a cold and you were driving drowsy which caused you to be all over the road. Under that scenario, you could potentially be charged with a DUI even though you may have had no alcohol or illegal substances in your body, only Benedryl and NyQuil.

Defending Against “Any Drug” DUIs

At our law office, we have dealt with many over zealous prosecutors who have decided to charge individuals with DUIs when they had no measurable controlled substance in their body and no alcohol. We fight hard against these types of cases because it seems generally unfair to so dramatically punish somewhere under this statute. Often, the prosecution is incapable of proving, not that the driver had some kind of drug in their system, but that it was the drug which “rendered the driver incapable of safely operating the vehicle.” That is a tough burden to meet and we have faith in juries not being able to make such a determination beyond a reasonable doubt in most cases. As such, we aggressively defend these types of charges and have a history of getting great results. Anyone charged under this “catch all” DUI statute in Utah should meet with one of our Provo DUI Defense Lawyers to get an accurate assessment of your defenses and options in the matter.

The post No Alcohol, No Drugs, No Prescriptions, No DUI?…Not Necessarily first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Push to Lower the Legal Limit https://www.provoduidefense.com/push-to-lower-the-legal-limit/ Tue, 11 Feb 2014 18:27:13 +0000 https://www.provoduidefense.com/?p=427 There has been an increasing push by advocacy groups across the nation to lower the legal limit for drunk driving. The National Transportation Safety Board is recently pushing states to adopt a .05 blood alcohol content level as the legal limit. Supporters of the change argue the lower level could save many more lives as […]

The post Push to Lower the Legal Limit first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> There has been an increasing push by advocacy groups across the nation to lower the legal limit for drunk driving. The National Transportation Safety Board is recently pushing states to adopt a .05 blood alcohol content level as the legal limit. Supporters of the change argue the lower level could save many more lives as fewer individuals would choose to drive after consuming any alcohol. The statistics on this issue are somewhat grey as proponents suggest impairment occurs at the .05 limit and others argue the opposite citing statistics indicating most people are not impaired at even the .08 level. At any rate, it is not unlikely that such a change in the law could take effect in Utah.

The Utah legislature recently convened for its general session and many wonder if this type of bill would come up. Going into the session there was a lot of talk about the potential for change in the legal limit although to our knowledge such a bill has not made it out of committee yet. We will of course keep you posted on any new developments in Utah’s DUI and Alcohol Related Laws. One issue we know which has been discussed this year on Capital Hill is the “Zion Curtain” and whether or not law makers will be willing to change the silly law requiring restaurants to mix drinks in the back as opposed to over a bar where children can view it. No bill has made it all the way through the process in this regard but we will keep you updated on this as well.

BAC Levels in DUI Cases

Many believe a .08 BAC level is already to low and should be adjusted in the opposite direction. If you are charged with a DUI in Provo Utah, your BAC level can have a significant impact on how your case is resolved. Prosecutors often look at lower BAC levels, those slightly above .08, differently than they do those that are more like twice the legal limit, .16 and above. A Provo Utah DUI Lawyer at our office can help prepare you for what to expect based on your BAC level. For a free review of your case, call us today or send us an email.

The post Push to Lower the Legal Limit first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> BAC Levels and Plea Agreements https://www.provoduidefense.com/bac-levels-and-plea-agreements/ Wed, 06 Nov 2013 00:36:42 +0000 https://www.provoduidefense.com/?p=418 Your BAC level refers to the amount of blood alcohol content tested in your system. This can be obtained through a portable breath test (PBT), intoxilyzer test, or blood draw. In Utah if you are suspected of a DUI, you can almost guarantee the officer involved will test for your BAC through at least one, […]

The post BAC Levels and Plea Agreements first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Your BAC level refers to the amount of blood alcohol content tested in your system. This can be obtained through a portable breath test (PBT), intoxilyzer test, or blood draw. In Utah if you are suspected of a DUI, you can almost guarantee the officer involved will test for your BAC through at least one, most likely two, and sometimes all three of these testing methods. The PBT, is the small hand held device the officer may have you blow into at the scene of the stop. This is administered in almost every DUI case because most officers hae ready access to these simple devices. The PBT is the least reliable of the testing methods and is not admissible as evidence in court to establish your BAC level because of the unreliability of the test. This is why most often, the police officer will give you another breath test at the station from the intoxilyzer machine which is more reliable and which is admissible to show a BAC level in court. The intoxilyzer machine is the large machine which will give you a receipt indicating, among other things, your BAC.

Blood Draws

It is not common practice for the police to do a blood draw in very case, but it does happen under some circumstances such as if you were injured in an accident and can’t readily take a breath test or if a breath test fails to properly register. It is important to note, Utah law requires you submit to any chemical tests if suspected of a DUI, including a blood draw, or your license can be suspended for long period of time. The BAC level is usually the most significant evidence against you in a DUI charge so it is important to speak with a Utah Criminal Defense Attorney about the results.

BAC Levels Effect on Plea Agreements

Generally speaking, the higher your BAC, the less likely the prosecutor will be willing to negotiate on the resolution of your case. A BAC level of .12 and above can result in higher penalties including the requirement that an ignition interlock be installed in all vehicles you drive. An interlock device is the machine installed in your vehicle which require you to blow into and not register any alcohol or your vehicle can’t be started. If your BAC proves to be twice the legal limit, most prosecutors will be unwilling to come down significantly on the DUI charge. This is one reason why is it so important to have an experienced Provo DUI Defense Lawyer representing you. Even in cases involving high BACs, we have had success in dismissing cases all together or getting favorable plea agreements on our clients behalf. Even though you may have a high BAC level, there may be other issues in your case which can still result in a strong overall defense.

The post BAC Levels and Plea Agreements first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 4th of July Checkpoints and DUI Blitzes https://www.provoduidefense.com/4th-of-july-checkpoints-and-dui-blitzes/ Mon, 08 Jul 2013 00:14:20 +0000 https://www.provoduidefense.com/?p=398 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 […]

The post 4th of July Checkpoints and DUI Blitzes first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 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.

The post 4th of July Checkpoints and DUI Blitzes first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Prime for Life Class in Utah County https://www.provoduidefense.com/prime-for-life-class-in-utah-county/ Mon, 08 Apr 2013 01:13:25 +0000 https://www.provoduidefense.com/?p=387 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 […]

The post Prime for Life Class in Utah County first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 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.

The post Prime for Life Class in Utah County first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Spring Break in Utah and DUIs https://www.provoduidefense.com/spring-break-in-utah-and-duis/ Wed, 13 Mar 2013 20:42:14 +0000 https://www.provoduidefense.com/?p=384 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 […]

The post Spring Break in Utah and DUIs first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 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.

The post Spring Break in Utah and DUIs 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.]]> 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.]]> Utah Considers Banning DUI Checkpoints https://www.provoduidefense.com/utah-considers-banning-dui-checkpoints/ Wed, 15 Feb 2012 19:24:47 +0000 https://www.provoduidefense.com/?p=266 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 […]

The post Utah Considers Banning DUI Checkpoints first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> 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.

The post Utah Considers Banning DUI Checkpoints first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]>