Utah DUI Arrest
A driving under the influence (DUI) arrest in Utah can trigger a number of events, such as criminal charges and an automatic license suspension imposed by the Department of Motor Vehicles (DMV). However, many people forget that--even when they are arrested for a crime--they are still afforded certain rights under the constitution. This means that if your traffic stop or DUI arrest was made without probable cause, there is a chance that your charges could be dismissed.
DUI Arrest Process
To establish whether or not you meet the criteria to be placed under arrest for drunk driving, the officer must first conduct a DUI investigation to collect evidence of your guilt. Evidence can include everything from the officer's observations of your driving patterns, appearance, and behavior to your performance on the field sobriety tests and preliminary breathalyzer results. If the officer determines that there is probable cause for a DUI arrest, you will be transported back to the police station.
When you arrive at the station, you may be asked to take the official breathalyzer to determine your blood alcohol content (BAC). Refusing this test is considered a violation of Utah's Implied Consent law and may be punishable by an administrative license suspension; however, if the officer fails to inform you of the Implied Consent warning, this can be used for your defense.
After you have taken the breathalyzer, you will be booked, photographed, and fingerprinted. Next, you will be taken into a holding cell until bail can be arranged.
Challenging an Arrest
A defense attorney can look into the circumstances of your case to determine if there was enough evidence for a DUI arrest and if this evidence was indeed valid. For example, certain guidelines must be followed when administering the field sobriety tests. If the officer does not properly explain how the test should be performed, or the test was conducted in adverse conditions, your attorney could challenge the results.
In addition, an attorney can fight your automatic license suspension, but you have to act fast--the DMV only allows those arrested for DUI 10 days to submit a hearing request in order to appeal their suspension. For this reason, you should immediately contact a DUI lawyer after being charged with drunk driving.
If you have been arrested for DUI, there may be several defenses that can be effectively applied to your case.