Although there are so many legal matters which you can handle on your own such as overdue fines, small claim courts, parking tickets, there are others which you will require to consult a professional. DUI is one of the examples where the Utah criminal defense lawyer can assist you to get out of trouble. In Utah, driving while drunk is a serious crime which is punishable by law. In case you are arrested, then hiring a criminal defense lawyer would be the smart choice you will make. A professional Utah DUI lawyer will offer the required legal assistance which you cannot get from a general lawyer. The lawyer can assist you so that you can avoid being convicted for DUI.
What are some of the factors which can increase your likelihood of being convicted?
Proof of drunkenness– In case a police officer testifies that the speed at which you were driving your vehicle indicated that you were drunk. However, in this case, a chemical test must support the testimony of the officer.
High content of alcohol in your blood- In case you are tested and the level of alcohol content is found to be more than 0.08, then you have a higher likelihood of being convicted after undergoing trial. In Utah, you might receive brutal punishment for having a high alcohol content which is beyond the statutory level.
Steps the criminal lawyer will take during a legal process
- Investing why you were arrested for DUI charges.
- Validating blood test or breath which has been used to determine the level of alcohol in your body.
- Analyzing all the instructions which are highlighted for the alleged results and field sobriety test.
- Submitting the required legal documents.
- Representing you in court
- Assisting you to be released from jail by getting bail.
- Challenging the police officers who might have violated your rights during the arrest.
- Challenging any results received from the chemical tests of DUI.
- Challenging the reliability and accuracy of field sobriety tests.
- Pursuing for acquittal or dismissal.
- Taking the necessary steps to prevent charges of your potential conviction.
How can you get out DUI?
For you to get out of a DUI you need a criminal lawyer to defend you in court so that the judge can dismiss your case. Some defense strategies can enable the judge to dismiss your case. For instance, the lawyer might find out the evidence is insufficient to prove that you committed the crime of driving while drunk. The lawyer can convince the judge to drop the charges. The lawyer can also place the judge in a position where the only reasonable thing will be to drop the charges.
Why should you hire the criminal defense lawyer?
i) They understand the Utah judicial system
One of the first reason why you should hire experienced criminal defense lawyers once you are found with DUI is that they understand how the entire functioning of the judicial system. The legal system might be confusing even to those individuals who are work in it. The lawyers in Utah can assist you in demystifying the process by offering a free step by step guide for the court proceeding for your case especially if it’s your first time to consult them.
iii) They can assess the conduct of the law enforcement
Even if you observe so many scenes on Facebook, media and TV, it’s difficult for you to understand the strategies that the law enforcements understand to obtain evidence in your criminal case. The best criminal lawyers in Utah can identify all loopholes and blinds concerning your DUI case. These lawyers can easily identify an instance where the police officers infringed your rights since they know the limits.
If there is inadequate evidence, your lawyer can ensure that you are dismissed.
Possible DUI defenses in Utah
i) There was no enough suspicion
The criminal lawyer will investigate the issues surrounding how and when the police officer stopped you to determine if it was legal for you to be stopped. In case the police officer stopped you illegally, then any evidence which will be obtained from that stop will not be accommodated. In Utah the law outlines that for a DUI stop to be legal, the officer must testify that you committed a traffic crime such as over-speeding or the officer must have enough suspicion that you are not okay due to your driving pattern. Normally if the Utah DUI lawyer can set up a successful challenge can you can be dismissed.
ii) Insufficient evidence that you were drunk
For you to be sentenced, the prosecutor must prove that you were under the influence on a controlled substance or alcohol. Despite the level of alcohol content, the lawyer can argue that judge should trust the eyes. This is because they know how a drunk person looks like and they may not know anything concerning how the breath test machine functions. In case the evidence given out has issues, then the lawyer will request for your case to be dismissed.
iii)The checkpoint for the DUI did not meet the standards
The laws in Utah as usually allow the police to conduct sobriety or DUI checkpoint, provided the roadblock meets certain standards which are highlighted on the constitutional. For instance, the standards usually necessitate a law enforcement agency to use written guidelines before coming up with a checkpoint. The guidelines must show how the checkpoint will be conducted and the kind of vehicles which will be stopped in that area. The lawyer will carefully review the operation of the DUI checkpoint to determine if it violated or complied with the important standards.
iv) The tests results were unreliable
In case the prosecutor uses the results of your urine, blood or breath test in court, the test must be administered appropriately using reliable equipment which is calibrated properly. The Utah DUI lawyer will scrutinize the method which was used in testing your urine, blood or breath to determine if the results were reliable and if there were any errors made.
v) You were not driving
Utah DUI law indicates that, if you are found in actual physical control of your vehicle then you might be charged. Such a situation has led to the arrest of many people even though they were not driving. In case you were not driving your car, the criminal lawyer can argue that you were not controlling your car physically when the police officer arrested you.