Maybe you didn’t realize how much you had to drink. Maybe you did not know you were impaired. Maybe you simply made a bad decision. Whatever the reason that you are now facing a DUI charge, you do not need to let a single poor decision jeopardize your future. Get the help you need by talking to a lawyer who knows how to defend against a DUI charge and obtain a fair result.
Understanding Your DUI Charge
There are two types of DUI charges that you can face in the state of Utah:
- You have a blood or breath alcohol level (commonly referred to as BAC) of .05 grams or higher; or
- You are under the influence of alcohol or drugs (including validly prescribed drugs), or some combination thereof, to the extent that it renders you incapable of safely operating a motor vehicle.
In other words, you can be charged with DUI even if you did not take a blood or breath test. You can be charged with DUI if the officer determines that you are impaired as a result of being under the influence of drugs or alcohol.
Whether your charges are based on testing or the officer’s observations (many DUI cases rely on both), an experienced criminal defense lawyer can analyze the prosecution’s evidence and identify potential weaknesses.
You May Have DUI Defenses in Your Favor
The prosecution wants you to believe that your case is open-and-shut. You need a detail-oriented advocate who will go through every aspect of your case to identify potential defenses. Some of the defenses that are commonly available in DUI cases include the following:
- Law enforcement violated your constitutional rights. This can include stopping you without probable cause, a violation of your Miranda rights, or refusing to honor your request for a lawyer. If your constitutional rights were violated, you may be able to get your DUI dismissed.
- Improper administration of field sobriety tests. Some tests are more reliable indicators of impairment than others. Properly performing these tests and making accurate observations requires the officers to receive adequate training.
- Breathalyzer issues. Breathalyzers are sophisticated devices that must be properly calibrated in order to yield accurate results. Officers must also be trained in how to properly use them. Failure to properly administer a breath test can lead to your charges being reduced or dismissed.
An experienced criminal defense lawyer can evaluate whether any defenses are available in your case and then employ an aggressive strategy focused on obtaining the best possible result.
Contact Nathan Evershed if You Have Been Charged with DUI
Your DUI could result in thousands of dollars in fines and costs and result in the loss of your driving privileges. In some cases, a DUI conviction could result in jail time. Protect yourself and get the help you need—contact criminal defense lawyer Nathan Evershed to discuss your case and how he can help. Call or email to schedule a free consultation.