LEGAL GUIDE
Written by attorney Kevin S. Vander Werff

Fighting DUI charges

In 2010, there were more than 7,000 drunk driving arrests in the State of Utah. Our state is continually cracking down on intoxicated driving, but unfortunately, many people are arrested who may not actually have deserved it. Intoxicated driving is the most commonly committed crime in Utah, especially in a large city such as SLC. If you recently were arrested for DUI, then you have come to the right place. At Rocky Mountain Defenders, our Salt Lake City criminal lawyers are skilled advocates that are consistently able to get our clients' DUI offenses reduced or dropped completely.

Although there may be evidence standing against you, it is important to remember that you are innocent until proven guilty. There are many defenses against DUI charges, and our firm is skilled in those tactics. A DUI arrest is a sensitive process, and if any part of that process was administered incorrectly, then there is a good chance that your charges will be thrown out completely. For example, a person can only be lawfully arrested for a DUI if they were pulled over for a reasonable cause. This means that the officer must have witnessed you speeding, swerving or otherwise driving illegally.

The law enforcement official that arrested you also must have administered the field sobriety tests as well as the breath or blood test correctly. One example of this is the one-leg stand field sobriety test. Officers cannot reasonably ask individuals to balance on one leg if there is uneven pavement, for example, or if the individual was wearing shoes that made balancing difficult. Even breath tests can present an inaccurate measurement of a person's actual blood alcohol concentration (BAC) if they are not properly calibrated or it can be proven that the machine itself was faulty. The options for your defense are numerous, and you can trust our firm to present a strong case on your behalf.

Fight a driver's license suspension!

Driver's licenses and suspensions are handled by the State of Utah Department of Public Safety (DPS), Driver License Division. In order to avoid having your license automatically suspended, you must request an administrative hearing with DPS. After you are arrested for a DUI, you only have ten days in which you can request a hearing. If you do not request a hearing within that time frame, your license will be automatically suspended. Listed below are the suspension periods for the various types of DUI arrests:

According to the Utah Department of Public Safety,

If a driver is 21 or older at the time of arrest, the following suspension periods will be imposed for a first offense: Per-Se arrest - 120 days Refuse to submit to a chemical test - 18 months If a driver is 21 or older and has a second or subsequent arrests, the following suspension periods will be: Per-Se arrest - 2 years Refuse to submit to a chemical test - 36 months Any person being convicted of a DUI violation will be interlock restricted: Driver age 21 or over at the time of arrest - 18 months Driver under 21 of age at the time of arrest- 3 years

An administrative hearing is vital when it comes to maintaining your driving privileges. With the help of a Salt Lake City DUI lawyer from our firm, you can have a strong defense for both your civil and criminal hearings. In many instances, our firm is able to get clients' DUI charges dismissed or lessened so that they can keep their licenses. The benefit of having an attorney at your administrative license hearing is that you will have an advocate on your side that has the ability to bring forth the evidence needed to restore your driving privileges. Even when it is not possible to get your license back, our firm also has the ability to fight for a hardship license, which will at least enable you to retain some of your driving privileges.

Never Compromise – Contact Rocky Mountain Defenders, PC!

If you were recently arrested for drunk driving, hire a firm that will give you the best chance of successful case results! At Rocky Mountain Defenders, our DUI defense attorneys have years of experience and knowledge of defense strategies that could prove immensely valuable to you. Don't hesitate to contact our firm today to see what our firm can do for you.

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