No Matter How Bad Things May Look After Your DUI Arrest, You Can Fight The Charges
Successful DUI defenses in Utah don’t happen by accident. Obtaining an acquittal of your DUI or DWI charges or having the DUI charges dismissed or reduced to a lesser offense is no easy task. Very few people who face DUI charges can achieve a dismissal or a reduction of charges on their own. Effective DUI defenses in Salt Lake City require an extensive understanding of the law, an ability to identify and exploit weaknesses in the prosecution’s case, and the advocacy skills needed to assert these defenses before a judge or jury effectively.
That is why hiring an experienced Utah criminal defense attorney as soon as possible after your arrest is the most critical thing you can do when these serious criminal charges threaten your freedom and future.
Even if you think your case is a “slam dunk” for prosecutors, perhaps because you failed a breathalyzer or blood alcohol test, you must understand that there is no such thing as a “slam dunk” criminal case. No matter how grim you think your situation is, you have several defenses that a skilled Salt Lake City DUI lawyer can use to give you the best chance of beating the charges. These include the following top five most successful DUI defenses in Utah:
Your Traffic Stop Was Illegal Or Improper
Often, the very first moments of a DUI ordeal—right after police pull a driver over—can provide the basis for a successful defense.
A Utah police officer can’t just pull you over because they feel like it, and once they pull you over, they can’t do anything they want. Police need a valid and fact-based reason to turn on those flashing lights, and if they do not have one, the legality and admissibility of anything that happens at and after the traffic stop can be challenged.
If an officer pulled you over for a simple traffic violation like speeding, failing to stop at a red light, or having a broken taillight, that does not automatically give them the right to start testing you for suspicion of driving under the influence of alcohol or drugs. Instead, the officer must have a reasonable suspicion that you are intoxicated or impaired, such as slurred speech, glassy eyes, the smell of alcohol on your breath, or a visible open container in your vehicle.
If the officer overstepped their bounds during your stop – a not infrequent occurrence – your DUI defense attorney can assert that every piece of evidence and everything you may have said during and after the stop can be considered inadmissible in court. The successful defense of DUI charges hinges on leaving prosecutors with no evidence and no choice but to dismiss or reduce the charges.
Faulty Field Sobriety Tests are a Common DUI Defense
Field sobriety tests (FSTs) are a standard tool Utah law enforcement officers use to determine a driver’s sobriety. You’ve likely seen examples of such tests: walk and turn, stand on one leg, and focusing on a penlight held by the officer. However, these tests are entirely subjective and notoriously unreliable when measuring impairment. A faulty or improperly administered FST makes charges based on the test ripe for courtroom challenges when prosecutors attempt to use the FST results to obtain a conviction.
For example, various factors, such as weather conditions, medical issues, physical limitations, or nervousness, can produce false positives. Another way to ensure successful DUI defenses is to take into account the extenuating circumstances around the FST and whether or not the test procedures were administered correctly. The officer may have incorrectly handled the tests or provided vague or inadequate instructions, setting the driver up for failure.
Inaccurate Breathalyzer and Other Test Results
The breathalyzer machines used by the police are susceptible to error and frequently malfunction. The officers who administer these tests can and often do make numerous mistakes that can lead to false positives that show your blood alcohol content is much higher than it is in reality.. Critical errors like these can form the basis of an effective DUI defense when they cast doubt about the test’s accuracy. Judges can exclude evidence of dubious reliability, and your lawyer can challenge both the test and how it was given to cast fatal doubt on the results and take away what may be the best evidence prosecutors have against you.
Failure to Read You Your Miranda Rights
Law enforcement officers must read individuals their Miranda rights when taking them into custody. You’ve likely seen or heard cops in movies or on TV read suspects these rights (“You have the right to remain silent…”) thousands of times. In a DUI case, an arresting officer’s failure to advise you of your Miranda rights could significantly impact the admissibility of any statements you make after your arrest. If you were not adequately informed of your rights and made self-incriminating statements, your attorney may be able to have those statements excluded from evidence.
Illegal Search and Seizure
Another effective DUI defense involves challenging the legality of the search and seizure of evidence. Suppose a law enforcement officer has violated your Fourth Amendment rights by illegally searching your vehicle. In that case, your attorney may be able to have any evidence obtained in that search thrown out.
A police officer may only search your vehicle under one of the following circumstances:
- The officer has a valid search warrant
- You give the officer your consent to search your vehicle
- The officer has probable cause to believe the vehicle has illegal goods, such as drugs or weapons, within the vehicle.
You should never consent to a search of your vehicle without a warrant. Once you do so, you lose your ability to challenge the legality of the search and lose a potentially successful DUI defense.
Successful DUI Defenses Require a Creative Legal Defense
If you’ve been arrested for DUI in Utah, you face immediate challenges and severe long-term consequences if you are convicted. Do not go down this road alone; the period after a DUI arrest is not the time to put your future in just anybody’s hands. Salt Lake City and Utah County DUI attorney Intermountain Criminal Defense has a long record of successful DUI defenses, resulting in favorable outcomes. Intermountain Criminal Defense works tirelessly to obtain the best possible ending for every case.
Contact Intermountain Criminal Defense today to arrange for your free initial consultation.
