Blog
Insights on Utah DUI law, defense strategy, and protecting your rights.
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, […]
Step 7: The DUI Trial in Utah
When we take your case to trial, we always request a jury. In Utah, you have the option to have a bench trial (with only a judge) or a jury trial. Utah law allows four jurors for a class B misdemeanor DUI offense. If the DUI is a Class A misdemeanor, Utah law allows six […]
Step 6: Utah DUI Motions
In analyzing and evaluating your case, we look at possible motions to file with the court to suppress evidence that the prosecution wants to use against you. We look at everything from whether the officer had a legal reason to pull you over to whether the chemical test was correctly administered. The starting point is […]
Step 5: The Pretrial Conference
After the Arraignment, the Court will schedule a Pretrial Conference Hearing. This hearing is designed to allow possible negotiations with the prosecutor, scheduling of further hearings, scheduling of motion to suppress hearings, and/or scheduling of a trial. The DUI Defense attorney will meet with the prosecutor to engage in negotiations. Generally, the client does not […]