Blog
Insights on Utah DUI law, defense strategy, and protecting your rights.
Field Sobriety Tests: Do they meausre if you are impaired?
In trial, the prosecutor’s last question to a testifying officer is almost always "Officer, after these field sobriety tests, did form an opinion as to the defendant’s ability to safely drive his car?" The officer always answers, "I formed the opinion that the defendant was too impaired to safely drive a car." The interesting thing […]
Utah “DUI Blitz”–Justifying the Expense
If the UHP is getting paid for 75 eight-hour overtime shifts to look for drunken drivers, don’t you think they better find some to justify the cost and expense. Think about it, they get all this to look for drunken drivers, and what would happen if they have no arrests, no DUIs, and nothing else […]
Innocent Dolphins Caught in the Utah DUI Net
I once heard a story about how the tuna fisherman would go out on the ocean to harvest the tuna fish. They would use big, huge, over-sized nets to reap this harvest. In these big nets, on too many occasions, innocent dolphins would get caught in this net. The dolphins were considered just collateral damage […]
Driving Permits after cited for DUI
Most, if not all, of my clients ask me when they come in for a consultation, "if my driver’s license gets suspended, can I get a work permit?" Answer: No, not in Utah. The Department of Motor Vehicles will not issue a work permit. I have only seen one in my years of practicing law […]
Utah DUI Fatalities are the highest in the Country
Utah had the biggest increase of alcohol-related deaths in 2006 and the UHP doesn’t like that. The UHP blames it on misleading statistics. Imagine that, the statistics are misleading. "But before there is a public outcry, Utah Highway Patrol trooper Preston Raban said Utahns should know the statistics are a bit misleading." Consider the following: […]
Intoxilzyer–can the way you breath affect the result?
The Courts in Florida are recognizing the fact that the breath test machines are not as accurate as everyone wants you to believe. In fact, the way you breath, or how long you breath into the machine, can determine a high or a low test. The machine only requires 1.1 liter of breath to qualify […]
Intoxilyzer Breath Guesser Manufacturer is in Contempt
On August 12, 2007, I wrote a little bit about the Source Code that the manufacturer is refusing to let anyone see. A Defendant has a right to see and challenge the evidence against him or her. This issue is being heavily litigated in Florida. Apparently, CMI Inc., the manufacturer, said we are […]
Intoxilyzer Source Code
Many times, clients ask me how the intoxilyzer determines their blood alcohol content. I try to explain the mechanics of it, the theory of it, and the science of it. The problem is that the manufacturer of the machine, CMI Inc., will not release the source code of the software in the machine. For all we know, the […]
Utah’s Breath Test Guesser
In Utah, it is illegal to drive when your blood/breath alcohol content is over a .08%. To determine how much alcohol is in your breath, the government uses three methods: a breath machine, a blood sample, or a urine sample. The most common method to test for alcohol in a person’s system is using the breath machine. Utah […]
Utah DUI Lawyer–What to Look For in an Attorney?
People often ask me what to look for when hiring a lawyer to defend their DUI. Generally speaking, there are six things that a person should see in a lawyer. Look for a specialist, someone who focuses on your type of case, and someone who has experienced and is trained in this area of the law. It has […]
Driving under the influence of Drugs, or was it just a Medical Condition?
Do we really believe in the presumption of innocence? When we drive down the street and see a citizen pulled over by a police car, don’t we say to ourselves "I wonder what he did?" Are we not prone to presume someone guilty before innocent? In many of my cases, it feels like the case […]
Washington State DUI Lawyer, Andrea King Robertson
http://www.akrobertsonlaw.com/