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David E. Rosenbloom, Esq.

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Spice DUI

September 24, 2010 By David Rosenbloom

So, can a person who legally takes a substance be arrested for DUI in Utah? The answer is yes, probably. Under the law if a person is “unable to safely drive,” and is under the influence of any drug, legal or illegal, an officer can and will issue a DUI. Two central questions are :

  1. What is “unable to safely drive”?
  2. What is “under the influence”?

The probably part comes later.

What “Unable to Safely Drive” Means

The answer to the first question is easy and mind-boggling – “unable to safely drive” means that a person “failed” the so called Standardized Field Sobriety Tests, the three tests that officers perform on the roadside – HGN – Horizontal Gaze Nystagmus, WAT – Walk and Turn, and OLS – One Legged Stand. The mind boggling part of this is that these “tests” have NEVER been demonstrated to distinguish between people who have been drinking and people who have not – that is; there have never been ANY tests on sober people to see if they could pass the tests. Simply put, these tests are completely meaningless scientifically – but law enforcement continues to use them to arrest people.If you get even two clues on the WAT and 2 on the OLS, you are considered “impaired.” That is, a score of 95% on the WAT is a fail!

What “Under the Influence” Means… in Utah

“Under the influence” has a special meaning in Utah. It has the normal meaning that every satte uses, that is; affected by physically – but it also has a special meaning; first it means that if you have ANY alcohol in you and fail the SFST’s above (HGN, WAT, OLS) you are considered “under the influence,” but it also means that if you fail the SFST’s and you have ANY measurable amount of ANY metabolite of ANY drug in your blood, you are also “under the influence.” This latter meaning is a real kicker – someone who smokes pot three weeks before they are stopped, and has ANY INACTIVE metabolite in their blood (pot lasts for about two to three weeks in one’s blood), even a threshold amount of say 1 ng/ml, even though it is completely scientifically accepted that the level could not possibly have any effect on the person – is DUI!

Don’t Give them Probable Cause

The probably part has to do with how much you tell the officer. And this is where most people mess up. You are legally entitled to shut your mouth, especially if they start trying to work you over for information. Just shut it! If you tell the officer something they would not have known but for your answer – you have just provided the officer with probable cause. That is what they will use to arrest you with. DONT: overthink, or even think at all, just shut it! Nothing will get better if you talk. They wont not arrest you, they wont not give you a ticket, and they won’t most of all, go easy on you. All they are trying to do is hurry up and see if you are holding so they dont waste their time.

If the officer says something like “I won’t arrest you and you won’t go to jail if you tell me what you used today…” or anything of that nature – cops aren’t allowed to make such deals, they have to arrest you anyway, and whether jail is a certainty depends on how busy the officer is, how crowded the jail is, and how far you are away from jail. Don’t ever let an officer coerce you into giving evidence against yourself, especially if they are threatening to search you car! That search would likely be suppressed unless you are already arrested – remember they need probable cause to search, and unless your car smells like a drug, they don’t have that! ASk for your ticket and to leave. And keep asking. They are legally entitled to the time it takes to write the ticket for that infraction and nothing else. No questions prolonging the stop, no questions about where you are coming from, and no questions about where you are headed. Period. Politely decline.

CALL ATTORNEY DIRECTLY…

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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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