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David E. Rosenbloom, Esq.

Absolutely everything you need to know about Utah DUIs

Utah DUI Defense Attorney

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FAQ and Top 10 Most Common DUI Mistakes

February 19, 2013 By David Rosenbloom

Utah DUI Frequently Asked Questions:

Q:  Will I be able to get my Driving Under The Influence (DUI) case dismissed because I was not read my Miranda rights?

A: NO! But if you were interrogated after being placed in custody, your statements can not be used against you.

Q: What is the chance of a judge sentencing me to jail for a first DUI in Utah ?

A: There is a mandatory minimum of two (2) consecutive days or 48 hours community service. Some judges sentence first time DUI’s with blood alcohol levels over 0.180 to two (2) to three (3) days in jail. And more than a few courts such as Cottonwood Heights and South Jordan, sentence first time DUI’s to two (2) days in jail regardless of intoxication level or performance on standardized field sobriety tests. You should NEVER attempt to represent yourself if you have a high BAC (greater than 0.159).

Q: I had one alcohol offense when I was 18 and they suspended my license. What will happen if I have another conviction?

A: It could be automatically revoked for two years.

Q: How many hours of alcohol classes will I have to take?

A: Plan on at least 16 hours, Four (4) – Four (4) hour sessions in a week.

Q: What will happen if I do not successfully complete probation or the classes or public service ordered by the Court?

A: You will go to jail. The court has 178 days of jail suspended that they can come back and use during your year of probation.

Q: What if I just wait out the Year of probation and do nothing?

A: The court will issue a warrant for arrest which will suspend your driving license and will stay active until you return to court even years later.

Q: How long will a DUI stay on my record?

A: Forever. Even if you expunge the DUI after ten years any law enforcement personnel will be able to see it.

Q: How Can A Lawyer Help Me?

A: Three ways: First, they know the process and procedure which is not straightforward and so they stop you from getting in more trouble; second, they know the court and the prosecutor (at least I do!) and this can make a huge difference if you had a high BAC or accident because they will prepare you differently and have you do things ahead of time to ameliorate your situation; lastly, they will ensure that if there is an issue with your case it is exploited to your benefit and if not that your case closes properly with both the DLD and the court so you don’t have licensing issues later on (which are common).

 

Top 10 Most Common DUI Mistakes

1. Failing to request a DMV administration hearing within ten days PROPERLY (via email and the new method for discovery).

2. Assuming that if the breath / blood result is greater than .05, the case is lost. Learn about the system you are in before you make a judgment about the evidence. Most breath results are NOT accurate – they do NOT equal the blood BAC.

3. Playing ostrich/playing lawyer/pretending it will go away (especially if you have any other criminal history).

4. Failure to call a Utah DUI Attorney 435-714-0376 or become educated about the process for free. If your drain were plugged you’d call a plumber toothache a dentist, and if you are in legal trouble you should call a criminal defense lawyer.

5. Hiring the first lawyer who promises to keep you out of jail (if this is your first DUI you only have a tiny chance of doing time). Anyone who sends you a form “scare” letter in the mail telling you that there may be a warrant out for your arrest is telling you he can not get business any other way. No lawyer should “rush” you into “getting started.”

6. Failure to become educated about the long term dangers of a DUI, and thinking that if you can “get this behind you” everything will be fine (the real danger of this DUI is what it sets you up for in the future).

7. Failure to write a very detailed narrative of what happened to aid your attorney in analyzing the case. You know what happened, we know the law; together we can see if the proper procedure was actually followed, procedure is the holy grail.

8. Failure to evaluate the fourth Amendment implications of the stop (if the stop was illegal – had no underlying traffic infraction – the evidence can be suppressed and the case dismissed). About 35% of all stops have a fourth amendment component even though it may not be obvious to you.

9.  Running in to plead guilty at arraignment because you want the court to think “better” of you for “taking responsibility” – about 2-3% of cases  disappear or can not be filed due to evidence problems. The court doesn’t “think” anything since they do not know the facts of any case until plea. The judge doesn’t even know your case number until the clerk hands him your file; they aren’t sitting there wondering about whether or not you are now a responsible person. Remember: penalties are STATUTORY (controlled by law).

10. Believing that your case is special and that you deserve a deal because you’ve never done anything illegal before and are generally a good person – the prosecutor doesn’t care. At all. Not even a little bit. And you may be ruining it for your lawyer by muddying the waters and admitting guilt that they can then use against you. Never speak to an ADA in the hope of obtaining leniency – there were 100,000 people before you and they all deserved a deal, and the ADA doesn’t believe a word you say in any case. Prosecutors deal when they are threatened with losing a case or having evidence suppressed by a lawyer- since they know you are not a lawyer, they have no reason to fear your legal strength.

FAILURE TO GET EDUCATED ABOUT HOW POOR UTAH DUI INTOXILYZERS ARE AND HOW FIELD TESTS ARE BIASED

You Should Not Have Had Anything To Drink; You Should Not Have Performed Field Sobriety Tests; Do Not Make The Third Mistake – Do Not Believe That Because You Blew a Certain Number – That the Number Is Accurate – Because It Is Not! In January of this year I had a client on his second DUI facing ten days in jail, with a .198 BrAC (Breath)(this was an actual physical control case and he had not been driving) and we discovered that the troopers intoxilyzer certification, that has to be updated each year or so, had lapsed. The case was terrible factually, but this single discovery resulted in the case being reduced to an Impaired Driving w/ no jail whatsoever. The single biggest reason you should not immediately plead guilty is because you can not analyze your case.

STAYING CALM, GETTING EDUCATED

Generally those getting their first DUI are freaked out by the process; one minute they were driving without any problems and the next they were in handcuffs. This sudden emotional impact as it were, leads to a variety of mistakes that tend to compound the problem. For example, almost everyone fails to ask the officer whether or not the field tests performed on the side of the road are compulsory or optional (they are optional), and as a result, they end up giving damning information (even if they do well) that is later used to convict them. No one passes the Field Sobriety Tests (SFST’s) because they are designed to fail and they are subjectively graded – think about it, could you have passed them inside a gym, without knowing what or how they were grading you on?? Speaking with our office is FREE! Do not pass up an opportunity to have an experienced lawyer assess your case.

WHAT YOU SHOULD HAVE DONE
What should have happened is as follows: following the stop the police will ask for identification, registration, and proof of insurance. The reason for the stop should be furnished to the driver. The cop will then ask if the driver has been drinking to which the driver should answer: “I would like a ticket for whatever you stopped me for and then I want to be on my way; if you ask me any questions I shall assume you are investigating some other matter and stand on my right to remain silent. Thus, you can either give me a ticket or arrest me right now, but I am not doing any field tests or blowing into any portable breath tester. What people do not realize is that they must confront the officer and force their hand because the sooner they are arrested the weaker the case is for the State. Think about it, what evidence of inebriation does the officer have at the time he asks about alcohol – none or little; in Utah, odor of alcohol alone is not sufficient to support probable cause to arrest, so if the officer arrests, the evidence including the breath sample will be suppressed.

CALL ATTORNEY DIRECTLY…

Our Initial Evaluation Is Free. Absolutely everything you need to know about UTAH DUIs (Including DMV Procedural Secrets That Can Save your License!)

Call 435-714-0376 Request a DMV Hearing

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Testimonials

Excellent, 5.0 stars

David is a professional. He knows all of the ins and outs of this kind of law and is very diligent in his work. He will examine every aspect of your case and get you the best outcome possible. David Rosenbloom gets the job done and gets it done well. Hopefully I never need a DUI lawyer ever again, but if I did I’d call David in a heartbeat.Thanks again for your help David. You really saved my butt. !
C.R. SLC, UT
Excellent, 5.0 stars

Very knowledgeable about Utah’s DUI laws. Honest and straight forward about my given situation and did not lead me on with unreasonable expectations. Highly recommend David to anyone dealing with a DUI case.
Jake
Excellent, 5.0 stars

Mr. Rosenbloom worked tirelessly on my case and took a special interest in my case. He really cares about his clients. He worked magic for me. I don’t believe another attorney could have gotten me the same sweet deal.
Angela
Straight to the point, 5.0 stars

I was double the legal limit and was still able to walk away with a reduced charge of impaired driving and no interlock. He was patient and thorough when I had questions and gave important advice. His price was fair when talking to peers with similar charges. I would hire him again if I had to.
Anonymous review
Best in the business, 5.0 stars

David is a talented professional that handled all my legal requirements. He minimized my concern, expense and time. I have full confidence he is the best in the west!
John
Great service and fair price, 5.0 stars

I really appreciated working with David, and loved how he was honest and straight forward. He got my dui down to an impaired driving and saved me on fines and community service. He was easy to work with and was always available to answer my questions and concerns the whole time. I would highly suggest David for anyone with a dui case!
McKenzie
Great Service, 5.0 stars

He does what he does best I, I am glad he got me outta 2 situations. I’d recommend David to anyone in a dui situation. Reasonable price n reliable, this man works best
Ari
Good service for a fair price, 5.0 stars

I enjoyed working with David, and appreciated his straight forward manner and humor. He was diligent with follow up, over a period a long period of time for the same flat fee. He gave me a clear idea of what his best efforts would accomplish for me, and he met those expectations. He kept our communications clear and efficient, and when I was confused, was always willing to elaborate and explain. I live out of state, so there was added complexity, which… Read more
Chris
In Good Hands, 4.0 stars

David was very professional and realistic. He was very informative and honest with me at time of consult. I have been happy with him as my lawyer. Easy to keep in contact with was more than helpfull threw the course of my case. I even had an issue with my case and he was very easy to work with about getting everything back in order. Thank you David.
chris
Excellent DUI Lawyer, 5.0 stars

David Rosenbloom=Jesus in a suit David got my DUI dropped to an Impaired Driving, no community service, fines lowered, and no interlock. This guy did an excellent job and because of him my life will be A LOT less hectic.
Matt V.

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