For many years in Utah, police officers have used breathalyzers during their investigations of individuals driving while under the influence of alcohol. These breathalyzers, often called portable breath tests (PBT’s), register a person’s breath alcohol content to determine if it is over the legal limit of .05. These PBT’s are preliminary tests, and the results are not admissible in court. In order to produce reliable results in court, officers must also have individuals perform a breath test with an intoxilyzer machine. These tests must be administered correctly, so it is important for a Utah DUI Defense Attorney to review the administration of these tests.

Marijuana Breathalyzer Testing

With the advent of states legalizing Marijuana for recreational and medicinal purposes, police officers are encountering more and more people driving under the influence of marijuana. The issue, however, is whether having marijuana in one’s system affects his or her ability to safely operate a motor vehicle. When marijuana is used legally for recreational or medicinal purposes, should someone receive a DUI for using it? To answer this question, Oklahoma is starting a pilot program using breathalyzers to determine if someone has recently used marijuana. It is a new technology to determine whether someone might be too impaired to drive because of marijuana use. It will be interesting to see how the pilot program works, but it seems unlikely to help very much as tools like this just confirm an officer’s suspicion someone is too impaired to drive.

Marijuana DUI Lawyer

Although Utah does not have a marijuana breathalyzer, people are still arrested and charged for driving under the influence of marijuana. They are tested primarily through blood and urine to determine if marijuana is in their system. If you have been charged with a DUI for using marijuana, call a Provo DUI Defense Lawyer at 801-900-3371. Having adequate representation may save your driver’s license and keep you out of jail.

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.

• 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.

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.

It’s that time of year in Utah where the lawmakers are passing more laws that usually make it harder for Utahans to drink alcohol.  This year, however, Utah’s strict alcohol laws may be amended to give drinkers a little more flexibility in obtaining alcohol.  No, liquor licenses will still be in short supply and the oppressive state liquor stores will continue to stay in business, but they may be open on certain holidays.  There is a bill that was just passed by the house and is before the senate for consideration that would allow state liquor stores to be open on certain holidays.  It does not ease Utah’s oppressive alcohol laws but the legislature does appear to be thinking more liberally about alcohol laws.

Many Utah legislators believe that opening liquor stores on holidays is a bad idea though.  Many fear that DUIs will increase because people have the ability to buy more alcohol on holidays when more people drink alcohol because of parties and festivities. It is hard to say if these fears are legitimate or not.  Many Utah DUI defense attorneys don’t believe DUIs will increase.  People may buy large amounts of alcohol before a holiday, drink it on the holiday, and then drive while under the influence of alcohol so it may not make a difference when they bought the liquor.  Also, beer is still available at grocery and convenience stores for people to get drunk on and bars could still sell alcohol on holidays.  Since beer and hard liquors are still available already on holidays, it doesn’t seem likely that people will drink more and commit a DUI because liquor is available from state liquor stores.

It seems unlikely that this law will affect the number and frequency of DUIs in Utah.  DUIs will continue to happen in Utah whether or not the legislature makes alcohol more available and Utah DUI defense attorneys will be around to defend the criminal charges.

DUI Charges Need Aggressive Representation

If you have been charged with a DUI anywhere in Utah, you will need aggressive legal representation.  The attorneys from Provo DUI Defense aggressively defend those accused of driving while under the influence of drugs or alcohol.  Our Utah DUI defense lawyers will help you achieve the best outcome in your case whether that is a dismissal, or a reduction of the charge to an impaired driving.  Call our office at 801.413.1753 to speak with our DUI defense attorneys today.

Driving under the influence of alcohol or drugs (DUI) is a dangerous gamble undertaken by individuals.  It is a bad idea to Drive under the influence not only because of the danger posed to others on the road and to one’s self, but also because of the long term consequences a DUI arrest has on people’s lives.  A DUI arrest can affect employment, driving privileges, and family relationships for years to come.  This is why it is important to not commit a DUI violation but to drink responsibly.  If one does drink and drive, however, there is still help available from a Provo DUI defense lawyer.  A Provo DUI defense lawyer can help defend a DUI arrest and help the defendant achieve a favorable outcome in the case.

Even if a DUI arrest doesn’t turn into a DUI conviction, people can still lose their licenses at a driver’s license hearing.  Provo DUI defense lawyers help those at a driver’s license hearing to keep their licenses.  Diver’s license hearings without a Provo DUI defense lawyer are more likely to result in lost driving privileges.  People often lose their driver’s license after a DUI arrest affecting their life negatively for many months and even years to come.

A DLD Hearing is Not a Criminal Proceeding

Driving on Utah roads is a great privilege and losing it can be devastating to individuals and families.  Unlike a criminal proceeding, however, a driver’s license hearing is civil in nature, not criminal.  This means that at the hearing the Driver’s License Division (DLD) need only to prove by a preponderance of the evidence that a person committed a DUI.  Preponderance of the evidence is a lower standard of evidence than proof beyond a reasonable doubt which is the standard of proof criminal proceedings use.  This means a person could not be convicted of a DUI in a criminal proceeding but still lose his or her license because the DLD found a DUI to have occurred.  Because there is a lot riding on a DLD hearing, it is important for an individual to have a Provo DUI defense lawyer fighting to keep the person’s license.

We’ll Help Fight For Your License

If you have been arrested for DUI and have a DLD and criminal hearing coming up, don’t face them without a Provo DUI defense lawyer.  One of our attorneys will fight hard for you to keep your license and for the DUI charge to be dismissed or reduced.  For a free DUI consultation with a lawyer today, call 801.413.1753.

Many clients come to our office after being arrested on a DUI in Utah County, either an alcohol related DUI or DUI metabolite, and want to know whether or not they could have refused to submit to any of the tests given to them. In DUI cases, officers will often run you through a variety of tests to determine whether or not you are driving drunk. In almost every case, the first test administered by the officer will be a series of field sobriety tests, followed by a portable breath test, and finally an intoxylizer. In some instances, the police may even ask you to submit to a urinalysis or a blood test. In every case you always have the right to refuse to submit to any test. However, refusing to submit to any DUI test may carry serious consequences.

Effect of Refusal

Under Utah law, by simply driving in the state you implicitly agree to submit to a portable breath test if you are pulled over and suspected of DUI. If you refuse the breath test, under new legislation, your license can be suspended by the Driver’s License Division for potentially longer than if you submitted to the test and were subsequently found guilty of a DUI.

Minors Who Refuse

It gets worse, if you are under the age of 21 and you refuse to submit to a breath test, your license could be suspended for 18 months or until you reach the age of 21. This means that if you are 16 and you refuse a breath test, you could potentially lose your license for 5 years. This could be extremely detrimental to a young person’s ability to attend college or be employed.

Will I be Arrested if I Refuse a Test?

Generally speaking, it is not a crime to refuse a test. However, we have seen cases where the officers arrested the individuals on some other technicality as opposed to the refusal itself.

Free Consultation – 1-801-900-3371

To better understand your rights and to hire a team of dedicated DUI lawyers ready to fight your case, call us today. We offer free consultations over the phone and in our office. If you have been arrested or charged with a DUI, you are facing potentially harsh penalties. Do not go at it alone; get one of our Provo DUI Defense Lawyers on your side today.

Super Bowl Sunday is traditionally a heavy drinking day and statistically there is an increase in drunk driving and DUI arrests.  You can bet that law enforcement agencies throughout the state will be on the lookout for drunk drivers and will be waiting to cite as many people for DUI as possible.

In fact, the Utah Highway Patrol conducts what they call DUI saturation pools.  This is when UHP troopers focus heavily on spotting and arresting drunk drivers.

Even local restaurants such as Iggy’s is providing free soda and other non-alcoholic drinks to designated drivers.  Iggy’s has also included the cardboard cutouts in their restaurants to try to get the word out about the anti-drunk driving campaign for Super Bowl Sunday.

Don’t Drink and Drive This Super Bowl Sunday

At Provo DUI Defense we want to remind you to take a cab or get a designated driver if you will be drinking.  Super Bowl Sunday is one of the most exciting days of the year and a day when friends and family can gather around for the biggest game in sports.  It would be a shame to ruin the fun by getting arrested for a DUI.

If You Get Charged Call Us

Inevitably some people will drink and drive and get arrested for DUI this Super Bowl Sunday.  If you fall into this category make sure you give our experienced Provo DUI and DWI lawyers a call at 801.900.3371. We can help you defend your rights against such charges and are extremely successful at helping people keep their driver’s licenses and avoid some of the very stiff penalties related to DUI convictions.