Blog
Insights on Utah DUI law, defense strategy, and protecting your rights.
Ogden DUI Attorney
I opened my law practice shortly after graduating law school in 1998. There was no big firm dreams for me. I did not want to work for someone else. My dream was to help those in need who could not help themselves. My dream was to be that down to earth lawyer that a client […]
Driver License Suspensions for Minors who get a DUI in Utah
I was presenting to UACDL attorneys on Drivers License Suspensions. An area that became real confusing is the area of minors who get a DUI. The reason this gets so confusing is because there are administrative based suspensions and then there are conviction based suspensions. Utah code 53-3-223 (7)(a)(ii) provides that a person under 21 […]
DUI Attorney vs. a Criminal Defense Attorney
The question has come up twice this month from two different sources. I was asked, "What is the difference between a DUI Attorney and a Criminal Defense Attorney." The simple, but circular answer is all DUI attorneys are criminal defense attorneys, but not all criminal defense attorneys are DUI Attorneys. The differences is the specialty […]
When can the Prosecution Appeal a Ruling in a Utah DUI case?
Under the Utah Code, a prosecutor can appeal decisions from a Justice Court Judge to the District Court under certain circumstances. Utah Code 78A-7-118 states:… (5) The prosecutor is entitled to a hearing de novo in the district court on: (a) a final judgment of dismissal; (b) an order arresting judgment; (c) an order terminating […]
Utah DUI and Concealed Weapons Permit
Many people do not understand the hidden consequences of a DUI. One such hidden consequence is the denial of obtaining a concealed weapons permit. If a citizen already has a weapons permit, it will be revoked. In fact, the code says you cannot have a permit or your permit can be revoked or suspended if […]
Court Ordered Ignition Interlock Device
A man’s DUI charge was reduced to Impaired Driving. Impaired driving will prevent loss of license or reduce a license suspension on a first offense (if the person did not refuse a chemical test). An ignition interlock device is not normally required either. However, if a person pleads to an impaired driving, and as part […]
Can an officer Breath Test me for no reason?
An officer pulls you over for speeding. He asks for your license, insurance, and registration. He goes back to his car and discovers, after a computer check, the license is flagged as an "alcohol restricted driver" because you have a prior DUI or alcohol violation. The officer has no reason to believe that you have […]
What will happen to me at Sentencing for a Utah DUI?
Every case is different, every prosecutor is different, and every judge is different. However, Utah has developed the "Utah DUI Sentencing Matrix" as a guide for judges in sentencing a DUI defendant. Most judges will follow pretty close to the guidelines with minor exceptions. Driver license suspensions are rarely ordered by the court because the […]
Utah Alcohol Restricted Driver
A person who is convicted of being in violation of the alcohol restricted driver law will have their license revoked for a period of one year. This is in accordance with Utah Code 53-3-220(1)(a)(xv). If you are convicted of this law under Utah Code 41-6a-530, it is a class B misdemeanor, just like an original […]
No Work Permits during a Utah DUI Driver License Suspension Period
The most common question I get from people is can I get a permit to drive to and from work while my driver license is suspended? The answer is an emphatically NO at this time. Utah, as the law is now, there is no work permits that would allow you to drive to and from […]
Salt Lake City DUI Attorney
Every justice court and district court in Utah is a little bit different in how they interpret the rules. Every judge require things that other judges do not. For example, the Salt Lake City Justice Court judges require a person convicted of DUI in Utah to take an additional class called the MADD Impact Panel […]
Seven Steps through a DUI case in Utah
Below, I discuss the seven steps through a DUI Case. A Driving Under the Influence Charge is a serious offense and is very complex. As a Board Certified DUI Defense Lawyer, I evaluate your case and look for the best possible outcome. Below, I briefly discuss requesting a driver license hearing, hiring a DUI attorney, […]