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Appropriate and legal procedures to be taken when driver suspected and tested postive for DUI.

Lehi, UT |

I know police have to follow laws and procedures. Making a judgement call to allow an intoxicated driver with a bac of .213 to go free without citation or legal ramifactions doesn't seem right. I've read the laws in Utah Regarding DUI laws. I've yet to come across a reason to not cite the driver, let alone take his excuse as a reason to "arrest" another who wasn't in the car. Did they charge me because I have a record, and I was an easy target? Or is it just normal for police not to report on field sobriety test results to a judge so they can make the call?

Attorney Answers 2

  1. As I said in the answer to the other question you posted the police are granted the ability to use their judgment. They often get it wrong. It sounds like you would benefit from a consultation with an attorney, many offer the first 15 or 30 minutes without charge.

  2. You need to sit down with an attorney to go over all the facts, rather than seek dispositive answers on this website.