Saturday, March 5, 2016

I thought I would start my blog by saying my goal is to help you understand Criminal Law in the State of Utah.  So, I'll start by telling you about DUIs.  A DUI as you probably know stands for "Driving Under the Influence."

Even if you aren't convicted of a DUI, if you are just charged with a DUI, you will face certain problems.  First, your driver's license will be suspended for 90 days.  Don't make the mistake of refusing to submit to a blood test or a breathalyzer test because that will get your driver's license suspended for 18 months.

If charged, and it's your first offense, you will likely only be charged with a misdemeanor crime.  There are several different options to fight a DUI, and this is why you need to speak with an attorney.  There may be circumstances that we can use to challenge the evidence against you to either get the case against your dropped (also called dismissed) or get a plea deal or plea bargain to get you a lesser offense (like reckless driving; careless driving, or even a traffic citation).

There is no silver bullet when it comes to DUI defense.  A lot of your case will depend on the facts.  When a case is filed, we can get what is called "discovery."  Discovery is essentially all of the evidence in your case (both good and bad evidence).  A good lawyer goes through the evidence with a fine tooth comb and searches for errors that the police may have made to assist your case.  Going through discovery is important so no stone is unturned.  If we find a gold nugget - we'll use it to your advantage.  Again, facts are everything.

I hope this article has been helpful to you.  I will post often.  Leave me a question you need answered and I'll do my best to post a reply here.

Until next time.

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