A DUI Defense How A Utah DUI Works:
Arrested for DUI? Do you feel that your life is over? Learn the Three Part Defense:
Know The Three (3) Parts To Any DUI
FIRST: Was There A Legal Reason To Stop You?
If NO then the case can be won using the 4th Amendment. That’s why the best defenses are often performed by Utah DUI Attorney, analyzing whether the fourth amendment has been violated by the police. If you were stopped illegally, or for a bogus one, the evidence in your case can be suppressed and the state can’t use any of it. However, too many people forget that this right must be enforced after it is requested. If you don’t ask, the court will not do it on its own.
SECOND: Were The Standardized Field Sobriety Tests (SFST) Administered & Scored According To NHTSA Guidelines?
If NO, the case can be won by arguing there were no valid grounds to arrest. The one intrinsic failure of the tests is that they have NEVER been tested on a randomly selected sober group of people to prove that they are passable by a majority of takers – without a control group these SFST’s can mean anything the state wants them to mean – which is to say they are meaningless. Police officers routinely stop cars at night, smell alcohol, and conduct a series of completely meaningless, so-called “field sobriety” tests meant to demonstrate impairment, even though the tests are often not instructed properly and scored incorrectly. Moreover, the tests themselves are designed for failure. A 96% correct on the Walk and Turn will indicate impairment – what other test in the world counts a 96% pass rate as failing!
THIRD: What Are The “GUTS” Of The DUI Case?
Do you have a medical condition that would mimic impairment or invalidate the blood alcohol reading, and was the breath test good? Did the officer check your mouth visually before you blew into the machine? Did he tell you to blow, blow, blow as hard as possible? Too many people just give up when facing a DUI and plead guilty, without consulting a Utah DUI Defense Specialist. They have already been through hell and likely figure that they are not going to beat a “number” from a machine. The truth is that most first DUI’s with a lower BAC are either able to be reduced to a lesser charge or sometimes even eliminated entirely, if there are evidentiary issues. There is a myth that if you plead guilty the judge will not go “easier” on you – don’t believe it for a second. If you force the case to trial the judge can not and will NEVER punish you more. Take your time with the case and don’t rush things to “get things over with.”