Know Your Limits
Know Your Rights

You have the right to enter a plea of not guilty and to have your case decided at trial. You may choose between two types of trial:

• Jury Trial: Six members of your community — not a single judge — must unanimously agree on your guilt. This is a significant advantage: all six must be convinced beyond a reasonable doubt.
• Bench Trial: The judge alone decides the facts and applies the law. Strategically appropriate in certain cases depending on the evidence.

You have the right to be represented by an attorney throughout the entire criminal process — not just at trial. This includes every hearing, every pretrial motion, every DLD proceeding, and every interaction where your rights and freedom are on the line.

An experienced DUI defense attorney is not a luxury. The prosecution has trained officers, forensic scientists, and prosecutors all working to build a case against you. You deserve equally committed representation on your side.

• Your attorney has the right to be present at all critical proceedings
• Your attorney can object to unlawful evidence, challenge procedures, and cross-examine witnesses
• No plea deal should ever be entered without counsel reviewing it first

If you do not have the financial means to hire an attorney, you have the right to ask the court to appoint one for you at no cost. This right is guaranteed under the Sixth Amendment as interpreted by the U.S. Supreme Court.

To request a court-appointed attorney, you must demonstrate financial need. The judge will review your income and circumstances. Never proceed without an attorney simply because you believe you cannot afford one — ask the court first.

From the moment you are arrested and at every point through the conclusion of your trial, you are presumed innocent. The prosecution bears the entire burden of proving every element of the charge against you. You do not have to prove anything.

That burden is high: beyond a reasonable doubt — the highest standard of proof in the American legal system. A DUI arrest is not a DUI conviction. A failed breath test is not a conviction. The government must prove its case. Until it does, the law says you are innocent.

The prosecution cannot simply submit a police report and win. Every witness who testifies against you must appear in person — and your attorney has the constitutional right to cross-examine them fully.

This is one of the most powerful tools in DUI defense. Officers often handle dozens of stops and may have inconsistent recollections. Lab technicians must be qualified and their procedures challenged. The Confrontation Clause forces the government to put its witnesses on the stand — where skilled cross-examination can expose weaknesses, contradictions, and failures.

• The arresting officer must testify — and can be challenged on the basis of the stop, the field tests, and the arrest procedure
• Lab analysts who tested your blood must testify about their methods and certifications
• Inconsistent statements and failure to recollect are two of the most powerful tools available on cross-examination

You are not limited to attacking the prosecution’s evidence. You have an affirmative right to present evidence in your own defense — including witnesses who support your account, expert testimony challenging the breath or blood test results, and any physical evidence favorable to your case.

If a witness who has relevant information is unwilling to testify voluntarily, your attorney can compel their attendance through a subpoena — a legal order requiring them to appear in court. The government does not have a monopoly on the truth. Your defense can call and question its own witnesses.

• Expert witnesses on breath test science, field sobriety testing, or blood analysis can be retained for your defense
• Surveillance video, bar receipts, and witness accounts of your sobriety are all potential defense evidence
• Subpoena power means reluctant witnesses can be compelled — your attorney will advise when this is strategic

You cannot be compelled to testify against yourself — at any stage of a criminal proceeding. This right applies at the roadside, at the station, and in the courtroom. If you choose not to testify at trial, the prosecution may not comment on your silence, and the jury may not draw any negative inference from it.

This is one of the most critical rights in criminal law — and one of the most frequently waived without understanding the consequence. Everything you say to an officer before, during, and after your arrest can be used against you.

• At the roadside: provide your name, address, and date of birth only. Politely decline to answer other questions.
• At arrest: invoke your right to silence and ask for an attorney. Then stop talking.
• At trial: the decision to testify is a strategic one made with your attorney. Your silence cannot be used against you.

If the trial court finds you guilty, your case is not necessarily over. You have the right to appeal the judgment to a higher court, which will review the proceedings for legal errors that may have affected the outcome.

An appeal is not a new trial — it is a review of whether the law was correctly applied. Grounds for appeal in DUI cases can include improper admission of evidence, incorrect jury instructions, constitutional violations, or prosecutorial misconduct.

• Appeals in Utah go to the Utah Court of Appeals, and in significant cases, to the Utah Supreme Court
• Strict deadlines apply — generally 30 days from the entry of judgment to file a notice of appeal
• Preserving issues for appeal begins at trial — another reason skilled trial representation matters from day one