Rights of DUI Defendant | 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 19:15:37 +0000 en-US hourly 1 Arizona Court Rules DUI Proper In Medical Marijuana Case https://www.provoduidefense.com/arizona-court-rules-dui-proper-in-medical-marijuana-case/ Wed, 22 Oct 2014 20:44:10 +0000 https://www.provoduidefense.com/?p=467 Utah does not yet have a medical marijuana law permitting use under a physician’s direction (there is a very limited medical marijuana product use in Utah for some children who suffer from seizures). However, nearly every state surrounding the great state of Utah does permit some form of medical marijuana. In Utah, if you are found to be […]

The post Arizona Court Rules DUI Proper In Medical Marijuana Case first appeared on Provo DUI Defense | Drunk Driving Attorneys.]]> Utah does not yet have a medical marijuana law permitting use under a physician’s direction (there is a very limited medical marijuanamedical marijuana product use in Utah for some children who suffer from seizures). However, nearly every state surrounding the great state of Utah does permit some form of medical marijuana. In Utah, if you are found to be driving with any amount of marijuana in your system you can be charged with a DUI. This means, even if you are not impaired while you are driving, lets say you smoked marijuana 3 days ago and are just fine to be driving, you can still be charged with a DUI. Most other states have a similar DUI Metabolite law including Arizona. Recently, a man charged with a marijuana related DUI in Arizona, who had a valid medical marijuana license, challenged the state law appealing all the way to Arizona’s Supreme Court. Unfortunately, the court did not find in the man’s favor. The judge issuing the opinion stated no exception existed for medical marijuana patients because such an exception was never written into the law itself by the state lawmakers. Similar cases are popping up in Nevada, California, Colorado, and Washington. Most notably in Colorado and Washington where marijuana was decriminalized. Some courts have found the opposite of the recent Arizona decision. The federal courts might be getting involved at some point and eventually there will become a consensus on the issue.

DUI After Consuming Marijuana Legally

Under current Utah law, if you legally consume marijuana in Colorado, you could be charged with a DUI upon driving back through Utah even if you are not impaired and it has been several days since you smoked pot there. While this seems incredibly unjust to many of us, it will take a strong case making its way up to the court of appeals to have any hope of real change. It seems unlikely the Utah State legislature will be changing their tune on this any time soon. If you or someone you know has been charged with a DUI under similar circumstances, we would like to help. We are hoping to find the right case to appeal all the way up the chain until this and other similar marijuana issues are resolved by the courts. We think it incredibly unfair for a person to be charged just for having substance in their body, when they legally ingested the substance, and they are not impaired or a danger to anyone.

The post Arizona Court Rules DUI Proper In Medical Marijuana Case 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.]]>