• A first offense is charged as a class B misdemeanor unless it involves (1) bodily injury; (2) a 16 year old or younger passenger; or (3) passenger of 18 and driver is over 21. If there is serious bodily injury or death, it may be charged as a felony.
• A second offense within 10 years is also charged as a class B misdemeanor unless any of the exceptions stated above apply.
• A third offense is charged as a third degree felony but can be enhanced if (1) the DUI results in serious bodily injury or (2) a prior conviction for automobile homicide.

Possible Jail Time Under Sentencing Matrix

Of course a big concern for anyone charged with a DUI in Utah is whether or not they will have to serve any jail time and if so, how many days. The DUI Sentencing Matrix calls for the following:

• A first offense carries at least 48 hours of jail or the applicable amount of time in community service hours or electronic home confinement.
• A second offense carries at least 10 days in jail or the applicable amount of time in community service hours or electronic home confinement.
• A third offense carries at least 62.5 days in jail but the court may order electronic home confinement.

Additional Considerations

Besides the penalties described above, there are additional considerations that may have an impact on where you fall under the DUI sentencing guidelines in Utah. For instance, if you have a high BAC, .16 or higher, you may be required to have an ignition interlock installed and will have supervised probation. There is a lot on the line when it comes to being charged with a DUI in Provo so help from a Provo DUI Defense Attorney can be incredibly valuable. We can provide a copy of the DUI Sentencing Matrix in Utah, for this, more information, or to speak with a qualified DUI Defense Lawyer in our office today, call now.

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DUI penalties are very harsh in Utah and even if you are being charged with your first DUI you could still be facing jail time. Plus if you are convicted of a DUI you will automatically have your driver’s license suspended for 120 days as well as an alcohol restriction and interlock requirement imposed on your driver’s license. So if the possibility of saving lives isn’t enough to keep you from driving drunk just realize the mountain of legal consequences that could be coming your way if you get caught driving under the influence of alcohol. Spend your post game either celebrating or soaking your sorrows but don’t spend it in jail.

The post Don’t Let Tailgating Turn Into a DUI appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

The Orem incident involved a young man who ran over a young girl sitting on the side walk on Sunday afternoon. The girl was killed in the accident. The man is accused of DUI related charges and could be facing homicide charges. Breath test administered the driver were inconclusive but a blood sample was taken and sent to the labs to determine a more accurate BAC level.

Both of the incidents described above are extremely sad and could have been avoided. Our hearts go out to the family and friends of the victims. While we represent and defend individuals accused of all types of crimes, including aggravated DUIs, we do our best to also educate the public and get the word out on how important it is not to get behind the wheel when you have been drinking. At the same time, everyone is entitled to an attorney and we believe in this constitutionally protected right for all people, no matter what the circumstance.

Utah County DUI Defense Lawyer

If you have been charged with a DUI or related charge, you should speak with a Utah County DUI Defense Lawyer at our Provo Law Firm as soon as possible. We know you may have serious questions and concerns and want help. Our team of drunk driving attorneys in Provo are available by phone or email anytime of the day or week. We look forward to your call.

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Many people in the Provo area have experienced police roadblocks.  Roadblocks, often called checkpoints, are places on a road where many police officers or Utah County sheriffs stop vehicles so officers and deputies can inspect all drivers and vehicles passing along that road.  Roadblocks usually happen around holidays and celebrations when law enforcement believe many people party and drink.  The purpose of a roadblock is usually to deter DUI’s and to prosecute those driving under the influence of alcohol or drugs.

Constitutional Limits of Roadblocks in Utah

The police typically lack probable cause to believe any particular driver who is stopped has broken any law, so many question the constitutionality of roadblocks since probable cause is required for police to usually stop and question motorists.  Roadblocks, therefore, potentially violate the Fourth Amendment’s protection of unlawful searches.  But while many Fourth Amendment advocates may believe that roadblocks are unconstitutional and illegal, court have ruled that they are permissible when conducted in certain ways.  For a roadblock or checkpoint to be valid under the Fourth Amendment’s protections, police in Provo and the rest of Utah County must follow the same procedures with respect to all drivers on a road that has been targeted for a checkpoint.  Utah County law enforcement cannot discriminate against any particular motorist.

Even if police in Provo or other Utah County cities follow the same procedures for every driver, a roadblock could still be found illegal.  A roadblock’s purpose must be closely tied to highway safety, like preventing a DUI, and cannot be directed only at general crime control, such as stopping child pornography.  The U.S. Supreme Court has ruled that the following types of roadblocks are legal: Sobriety (DUI) checkpoints, illegal immigrant checkpoints in areas near border crossings, and investigatory checkpoints to gather evidence to help solve a crime.  The Court has found that a narcotics checkpoint (drug crimes) is not valid.  A Provo Criminal Defense Attorney knows what a police officer can or cannot do at a checkpoint.

Busted Because of a Roadblock? Contact a Provo Criminal Defense Attorney

If you have been charged with a crime, such as a DUI, because of a roadblock, call a Provo Criminal Defense Attorney.  A Provo Criminal Defense Attorney will protect you rights and make sure the police were in the constitutional limits of a roadblock.  Call 801.800.8246 for a free consultation with a Provo Criminal Defense Attorney today.

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State v. Robinson

In August of 2007, Chance Robinson was stopped by Lehi City police on suspicion of driving without insurance. During the stop Robinson had trouble speaking and his eyes were bloodshot so one of the officers administered multiple sobriety tests. Robinson failed these tests and was arrested for DUI. Robinson was later tested for drugs, and he tested positive for methamphetamine. The State charged Robinson with possession or use of methamphetamine among other charges.

Constitutional Arguments

While there were a number of constitutional arguments made the two main arguments were that the statute violated due process under the Utah Constitution and that the statute violated the Uniform Operation of Laws Clause of the Utah Constitution. The due process argument was made in a couple of different ways but was basically stating that an offense was based on an act in the past that could have taken place in another state with kinder possession laws. So the offense is based on the body taking a while to get ride of the drugs in its system, and this does not allow for a person a reasonable opportunity to comply with the statute. The Uniform Operation of Laws argument was basically stating that the statute is not applied equally to all people because two peoples bodies could digest the drug at a different rate and they could thus be charged with different levels of offenses for different amounts when they did the same thing. The Court rejected both of these arguments and held that the statue was constitutional.

Provo Criminal Defense Attorney

The importance of this case is that it establishes precedent that this statute is constitutional and it will be very difficult to argue in the future that it is otherwise. If you or your attorney is not aware of this case and try to argue the constitutionality of this statute you could be wasting a lot of time and money. The criminal defense lawyers at Provo Criminal Defense are experienced in the law and can help you avoid mistakes that could cost you in the long run. Contact us day or night to find out what we can do for you.

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The law can often be very complex and hard for the laymen to understand.  This is why it is so important for a person facing criminal charges, such as a DUI, in the Provo area to contact a Provo criminal defense lawyer.  If a person relies on his or her own knowledge or skills to defend a criminal charge, he or she may suffer terrible consequences not anticipated.  A Provo area prosecutor will use his expertise and knowledge of the law to unfairly prosecute a criminal defendant.  When a criminal defendant has a Provo criminal defense attorney, a prosecutor won’t be able to bully a defendant.

Involuntary Guilty Pleas Invalid

Often times, a Provo area prosecutor will use threats or promises to convince a criminal defendant to plead guilty to a crime, such as to a DUI.  These tactics are usually found to be valid by courts.  It is only when a guilty plea is entered into because of a threat or promise that deprives it of a voluntary act that the guilty plea will be void.  A valid guilty plea must reveal that the person pleading guilty had a clear understanding of the charge and entered the plea without coercion or improper inducement.  A guilty plea could be void if the person lacked that clear understanding.

It is best to hire a Provo criminal defense lawyer and avoid all the problems with plea bargains that a criminal defendant could experience.  Every defendant is entitled to be represented by counsel unless the defendant waives counsel in open court.  A criminal defendant isn’t required to plead until he or she has had reasonable time to confer with an attorney.  So, its usually never too late for a person to hire a lawyer to defend him or her.

A Provo Criminal Defense Attorney Will Protect You

If you have been charged with a crime, such as a DUI, and the prosecutor has worked out a deal with you to plead guilty to the charge, don’t do it!  First call a Provo Criminal Defense Lawyer and have him or her work with the prosecutor to get you the best deal possible.  A Provo Criminal Defense Attorney knows the criminal law and knows what a prosecutor can and can’t do.  Call 801.800.8246 for your free consultation with an attorney.

The post Don’t Let Provo Area Prosecutors Bully You Around appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

Utah County DUI Suspects Should Hire an Attorney

Alcohol and other types of mind altering substances can affect the way individuals think and act.  Often, someone who is drunk will do things he would never ordinarily do if he were sober.  People have different reasons for drinking but it affects them in much the same way especially while driving.  Driving under the influence is never a good idea in Utah County.  A person cannot react to environmental conditions as well if driving under the influence.  Also, if convicted of a DUI, an individual faces jail time, fines, and revocation of driving privileges.  This is why it is important to hire a Provo criminal defense attorney to protect you from harsh penalties.

When can a person actually hire a Provo criminal defense lawyer to protect him?  A person can hire a Provo criminal defense attorney at any time to represent him for any criminal matter including a DUI.  A Provo criminal defense lawyer representing someone has confidentiality protections.  A criminal suspect can and should tell his lawyer about the criminal incident in question.  A Provo criminal defense lawyer cannot reveal anything a client tells him or her.  An attorney is the only person to whom a criminal suspect should talk.

Don’t Talk to Anyone But a Lawyer

People often talk too much to police officers, however, when they are pulled over for a DUI in Utah County.  Because of their inebriated estate, they often admit things they would not normally tell an officer or do things in front of the officer they would not ordinarily do.  Unfortunately, these acts and admissions can be used against a DUI suspect later in a court proceeding.

Persons pulled over for a DUI should not give details of what they have been doing to police.  People have the right to remain silent and not to tell police any details that police are interested in.  DUI suspects also have the right to be represented by a Provo criminal defense attorney.  DUI suspects should never talk with police without a lawyer present.

Provo Criminal Defense Lawyers Defend DUIs

If you have been arrested in Utah County for a DUI or for any other criminal matter, call a Provo Criminal Defense lawyer.  A Provo Criminal Defense lawyer will protect you from saying anything that will be damaging to you in a court proceeding and will ensure all of your criminal rights are protected.  Call 801.800.8246 to speak with a lawyer today.

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