Archive for the ‘DUI’ Category

A DUI in Utah could cost you $9,035.00

Jessica, on the topic of  Alcohol, DUI, Legal Process
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According to the Utah Department of Public Safety your first Utah  DUI offense will result in the suspension of your driver’s license for 120 days, longer for a Commercial Driver’s License (CDL). For your second DUI the period of suspension is two years. However, if your Utah criminal defense attorney successfully defends you against the charges some of these suspensions and fees may not be enacted.  In addition, many experienced Utah DUI attorneys will charge more than $2,500 (this figure was provided by the Utah Department of Public Safety).  The Utah Department of Public Safety also lists the table seen below to show how extensive the financial burden of a DUI can be.

The Cost of Driving Under the Influence

Fine

$1,000.00

Towing & Impound

$250.00

Lawyer

$2,500.00

Education / Treatment

$150.00

Victim Reparations Fund

$100.00

Driver License Reinstatement (per offense)

$65.00 – $235.00

Time Off Work & Transportation

$300.00

Added High Risk Insurance (3 years)

$4,500.00

Total:

$9,035.00

Use a DESIGNATED DRIVER and always BUCKLE UP!

(Or Just Pay $9,035.00)

Clues Utah Police look for to determine if someone is intoxicated

Jessica, on the topic of  Alcohol, DUI
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If wondering what type of behavior will get you noticed by members of the public and the Utah police, the following is an example. The people in the video are visibly intoxicated and it would be safe to assume that they have a Blood Alcohol Content too high to drive in Utah.


Drunk Compilation – Watch more Funny Videos

Utah DUI or Criminal Record can ban you from Canada

Jessica, on the topic of  DUI
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photo: Ian Muttoo

photo: Ian Muttoo

Surprisingly, not everyone can enter Canada. Usually if you did not have any problems on a prior visit or a criminal record in Utah or any state or country you are allowed entry with proper documentation.  However, certain offenses in Canada are more serious offenses then in the United States.  A DUI in Canada is a felony and having one on your record can easily stop you from entering the country.  Even with minor offenses on your record Canadian border authorities have the right to deny you entry and have done this before.  There are ways to overcome your inability to visit Canada such as applying for deemed or streamlined rehabilitation at the port of entry or at the Canadian Consulate.  However, the best method is to keep your record clean to show that you are a law abiding individual.  Therefore if you have a prior conviction or are currently involved with the justice system it is important to hire a knowledgeable  and experienced Utah criminal defense Lawyer that will aggressively defend your case.  It is important to keep your record as clean as possible, especially in the digital age in which records can easily be transmitted from State to State and even Country to Country. For more information on these rules pertaining to Canadian entry one can visit the Citizenship and Immigration Canada site.

Are Utah Blood Alcohol Content (BAC) results accurate?

Jessica, on the topic of  Alcohol, DUI
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photo: larry&flo

photo: larry&flo

In Utah, it may be possible to accurately fail a Blood Alcohol Concentration (BAC) test without consuming any alcohol. Recent medical studies have shown that the human body can make alcohol in certain situations, creating an actual level of alcohol in their body. Such a study was performed at the Union Memorial Hospital in Baltimore, MD, the research summary can be found here. Many Japanese scientists have also studied this effect naming it the “Auto-Brewery Syndrome”.  According to the studies patients with bowel abnormalities can develop a yeast overgrowth in their body that ferments carbohydrates. The fermentation is what creates the alcohol, similar to the actual brewing of beer. In some cases the level of alcohol created within the body is enough for the person to be considered legally intoxicated. In some studies the patients generated enough alcohol in their body to emit an odor very similar to that of beer. A person with Auto-Brewery could be driving and unaware of their health problem. If pulled over by a police officer and charged with a DUI a person with this medical condition should be defended by a qualified Utah criminal trial attorney especially as the law is not clear on violation and punishment in the case of the Auto-Brewery Syndrome.

Utah Drivers License

Jesse, on the topic of  DUI
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Although you may not realize it, when you apply for a Utah Drivers License, you agree that the police can test your breath, blood, and urine.

By having a Utah Drivers License, you consent to a test of your breath, blood, urine, or oral fluid to help the Police determine if your blood alcohol content is too high, if you are under the influence of drugs or alcohol, or if you have a controlled substance in your body.  If you refuse to take a breathalyzer or other test, your license can be automatically revoked.

However, you did not consent to field sobriety tests, which include the horizontal eye tests, walk in a line test, and stand on one leg tests.  These circus performance tests are designed for people to fail.  Don’t take them!  These tests are completely voluntary.

You do not have the right to consult an attorney or wait for an attorney to be present as a condition of taking a breathalyzer or other test.  It is better to take the test and then have your attorney fight the results of the test.  Breathalyzers are not perfect and many times, a court will throw out the results.  If you are in a DUI situation, contact a qualified attorney to see how they can help you.