Refusing a Breath Test in Utah | Driver’s License Suspension

Jerry Salcido — Wed, 20 Jun 2012 16:18:53 +0000

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.

Driving Under the Influence of Marijuana | Drug Related DUI

Jerry Salcido — Wed, 16 May 2012 16:42:49 +0000

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.