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South Salt Lake DUI Defense Lawyer: Millcreek | Murray | Holladay | Cottonwood Heights | Sandy | Draper

/South Salt Lake DUI Defense Lawyer
South Salt Lake DUI Defense Lawyer2017-05-18T19:04:07+00:00

10 Days to schedule your Drivers License Hearing

A DUI charge brings with it two distinct and separate cases. Not only have you been charged with a DUI in the criminal court, but you are at risk of losing your driver’s license as part of a civil action. If you do not request a hearing within 10 days, late requests are hardly ever granted, you will automatically lose your license. At your drivers license hearing a drivers license hearing officer will hear testimony from the policeman regarding the stop, then you have an opportunity to cross examine the police officer and an opportunity to convince the hearing officer that your license shouldn’t be suspended from 120 days to two years.

Aggressive Defense

It is important that once you enter into the criminal justice system you use every one of your possible defenses to dismiss or lessen your charges against you. Most individuals have no idea how badly a DUI charge on their record can affect the rest of their lives. At Tillmann Law we do not look to just plea down your charges, but rather we do a thorough case analysis to see if at all possible if your case can be and should be dismissed.

Implied Consent Law

Most citizens of Utah do not realize that by agreeing to have a drivers license you have consented to have your blood, breath, or urine analyzed if you are arrested for DUI. If you refuse, that refusal can be used as an admission in your case, and also carry other consequences such as a revocation of your license, a five or ten year prohibition on driving with any alcohol in your system, and up to 3 years of an interlock device installed on your vehicle at your own expense.

4th Amendment Rights

The best defenses in a DUI case begin with whether the officer had probable cause of the initial stop and whether they had probable cause to suspect a DUI. You have a constitutional right under the United States Constitutional 4th Amendment to unreasonable searches and seizures. Every day the news discusses how police continue to violate people 4th amendment rights, and what is the average citizens response? Do nothing! That is right, they think they will go to court and the Judge will hear them out and dismiss the charges. Well, without a skilled attorney to assist you in demonstrating the unconstitutional conduct by the police, you can surely bet that not only will the charges stick, you’ll leave, if you’re not on you way to jail, wondering what just happened to you. Don’t be a victim just because you didn’t hire a lawyer.

Blood Alcohol Concentration .08

Blood Alcohol Concentraion or BAC refers to the amount of alcohol contained in a peroson’s blood. It is measured as weither per unit of volume. This measurement is then converted into a percentage, and in Utah a driver of legal age to consume alcohol can not have a BAC of .08 or higher. Different restrictions apply to those with an alcohol restricted charge in their past.

Field Sobriety Tests

Once an officer has probable cause that you are driving under the influence, the officer is to administer the field sobriety tests. These tests are to be done in a specific order and conducted in a specific manner as to not give a false positive. While most officers are trained in some of these tests, not all are trained equally. It is important to have an attorney that knows how to attack the officers actions at the stop as compared to his or her credentials and training.

Intoxylizer Tests

Utah uses the Intoxilyzer 5000 and 8000 at its police stations. The manufacturer if very secretive about how this machine works, and the data received from it can vary tremendously depending on its calibration, operator error, user error, etc. It is not uncommon to see and hear of people blowing a .09 one minute and at the second breathalyzer blowing a .04. Those are drastic differences and may make a huge difference on whether a prosecutor decides to pursue charges or not. Make sure you have counsel that is familiar with this machine, how it works, and how to discredit its results if there is tampering, improper use, or down right manipulation by the police officers.