Archive for the ‘DUI’ Category

Utah Drivers License

Sep
09
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.

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Question: I only had one beer, so how can I be arrested for DUI?

Aug
11
Jesse, on the topic of  DUI, Dealing with Police, Question
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Photo: jenson-lee

Photo: jenson-lee

Q: I was arrested and charged with a DUI last weekend in Salt Lake City, but I swear I wasn’t drunk!  I only had one beer at a friend’s house, and then left early because I had to work early in the morning.  How could the officer even arrested me if I wasn’t drunk?

In Utah, there are two ways that a police officer can arrest you for a DUI.

The first is if a person has a blood alcohol concentration of .08 grams or greater at the time of a breathalyzer test or at the time the person was operating the vehicle.  If you consent to a breathalyzer test by a police officer and the results show a .08 grams or greater, then the police officer can arrest you.

The second way you can be arrested for DUI is if the officer thinks you are “under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders [you] incapable of safely operating a vehicle.”  See how ambiguous this is?  This is probably what happened in your case.  If an officer smells the slightest odor of alcohol on you, he will want to do field sobriety tests and a breathalyzer.

Remember, you don’t have to consent to any field sobriety tests and shouldn’t consent to them.  The police officer will tell you that you’ve already consented to the breathalyzer when you applied for a driver license—that is correct information.  If you refuse the breathalyzer, your license could automatically be revoked for a year or more.

Remember, no matter how many drinks it takes to get a DUI, it only takes one cab ride home not to get a DUI.  That’s the best way to protect yourself.

(Source: Utah Code 41-6a-502)

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How many drinks can I have in Utah before I can’t drive?

May
28
Jesse, on the topic of  DUI
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Drinking Problem

Photo: purplemattfish

To keep yourself from getting into any trouble with the law, it is better to play it safe. You should never drive a car after consuming alcohol. What’s better?  Getting arrested and charged with a DUI and having to defend yourself in court, or asking a friend to drive you home or calling a taxi? Clearly, it is easier and cheaper to simply not drive in Utah after you’ve had some alcohol.

However, it is not against the law to consume alcohol and drive. The law only prohibits driving when you are impaired.  That can mean you are impaired when your blood alcohol level is .08 grams and higher. Look at this BAC impairment chart to get an approximation of how many drinks equal .08: . As you can see, it is pretty easy to get over .08.

You could also be deemed impaired even if your BAC is less than .08.  All it takes is a police officer’s determination that you are impaired and you can be charged with a DUI.

Just remember this: no matter how many drinks it takes to get a DUI, it only takes one cab ride home not to get a DUI.

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