David Rosenbloom /  Utah DUI Attorney

One Last Word on Utah DUI's:

YOUR PROBLEM IS NOT UNIQUE AND PROSECUTORS DO NOT CARE.

The biggest factor affecting good, logical decision making in the area of DUI law is that most people cited for first time DUI's are not alcoholics, do not have a drinking problem, and have never been in trouble with the law. Therefore, they have normal preconceived notions that because they aren't a bad person so to speak, they will be treated fairly and honorably; because America has the greatest justice system in the world and defendant's are presumed innocent until proven guilty beyond a reasonable doubt.

EVEN THE GREATEST JUSTICE SYSTEM IN THE WORLD HAS FLAWS.

While it may be true that we have the best justice system in the world, you should divest yourself of the preceding delusion because in Utah especially, for all intents and purposes you are presumed guilty by the system as soon as you are arrested for DUI and that presumption remains with you throughout the entire process. You have become "one of them" by virtue of your having been unlucky enough to have been arrested; which is more troublesome when you consider that in 95 % of all our cases, it was mere chance that resulted in the cop pulling you over in the first place for a "bogus" stop (equipment violation, turn signal or lane change violation, or anything that would normally slide during the day). Most of our clients find themselves stuck in a scenario largely because they were unlucky enough to be in the wrong place at the wrong time, usually at night. Remember, in Utah, you should be home with the kids as soon as work is over, and after 6 p.m. on Saturday nights, unless there is a football game.

In Utah a DUI will brand you and there is simply no way of getting out of a DUI, even if you were improperly arrested.

Make no mistake about it, the prosecution in your case or any other criminal case has the lofty ethical responsibility of "doing justice" in each case, and there are more than a handful of prosecutors we think very highly of who try to attain this goal; but do not be so naive as to think for a moment that the prosecutor's first concern is anything other than trying to put another win in his column. Winning, not ethics, drives the system, which is merely the result of the adversarial system on which criminal justice is based.

What separates the winners from the losers in this game of criminal justice, more often than not, is not necessarily guilt beyond a reasonable doubt or actual innocence, but a stark and realistic world-view that helps these individuals see the system for what it is; a massive bureaucratic and political entity with lofty goals but mere people that run the machine; people with nearly universally good intentions but prone to the same frailties we all have, and stuck in a system that does not react well to inner turmoil or dissent.

This is really a kind of war, and unless you grab a weapon and start fighting, this machine will run you over and spit you out the other end. We do not mean to denigrate America or our criminal justice system, but the fact is that people who work daily within the system have the most realistic view of how the system functions; and few would say it is user friendly. When people sometimes get frustrated at the predicament they find themselves in because the system refuses to "listen" to them, we suggest they get in line, because the system listens to no one - there are plenty of judges out there who feel the same way.

Nevertheless, a first time visitor to this arena must be prepared to stow their moral certainty aside and come to decision about what kind of person they are going to be defined as in regard to the system itself. One can either stand and fight, or cut and run; and in many cases, the latter is the better answer as the fight itself can be taxing. But our singular argument about gaining adequate knowledge prior to making that fundamental decision, is we believe, a good one. Education never hurt anyone, although in this case it is likely that you will never view our criminal justice system in the same light. In an area of law where the sole determinate of guilt or innocence is a thirty year old machine with a poor accuracy record, our thought is that the citizens deserve better, since there are in fact machines manufactured today that produce much more accurate results using improved and modern technology. (Draeger Corp.)

We hope you will take the time to take a deep breath and take the logical route of properly evaluating your case, considering the possible ramifications of various penalties involved, and the realistic chance of defending your case. If nothing else, this approach will result in a foundation of knowledge that will prevent this from ever occurring again and give you a more realistic expectation of what to expect. This translates into peace of mind and changed behavior, and hopefully a more enjoyable life.

Remember, in over 65% of cases, our involvement results in outright dismissal, reduction of the charges, decreased penalties, or suppression of certain evidence. There is a 100% chance that you will be found guilty if you plead guilty. So common sense would tell you that at the very least, you should have your case evaluated. Whether you ultimately decide to fight is a personal decision that we never try to influence. And most of all, remember that in the grand scheme of things, this is a small blip on the radar of life; what matters most are friends, family and children, and the health of you and those close to you. If we achieve nothing but bringing that point home, we have exceeded our goal in this note.