Salt Lake City DUI Attorneys

Skillfully Defending Clients Facing DUI Charges

If you were arrested on drunk driving charges, you might be feeling ashamed and worried about what to expect from your Salt Lake City DUI case. But at Conyers & Nix, we want you to know you’re not alone. You can hire our Utah DUI defense team to handle your criminal charges on your behalf.

We’re here to defend you in court, not judge you. After all, while it’s clear that drinking and driving is unsafe and against the law, many people have made the decision to do so anyway. In fact, one survey by ValuePenguin found that 43 percent of all adults surveyed admit to driving after drinking alcohol. Another 37 percent said they felt like they could safely drive home because their destination was close. A total of 25 percent said they didn’t feel intoxicated when they got behind the wheel, so they saw no reason not to drive. Keep in mind these are the adults who admitted to drinking and driving.

In short, you shouldn’t be afraid to reach out to an experienced DUI defense attorney for legal support. At our Salt Lake City criminal law firm, we believe that one poor decision made on one day of your life should not define who you are. A DUI conviction can result in significant financial consequences, jail time, and collateral consequences such as losing your job or difficulty finding employment. Having a strong Salt Lake City DUI lawyer from Conyers & Nix by your side is crucial if you are charged with a DUI in Utah, so call us today for a consultation with our compassionate DUI defense team.

What Are the DUI Laws in Utah?

As you prepare to fight your DUI charges with the help of a skilled DUI attorney, we advise you to understand how DUI laws work in Utah. This state is known for being harsher than most when it comes to drunk driving charges, starting with the fact that the legal limit for blood alcohol content (BAC) is lower than it is in all other states. In Utah, you can get a DUI if your BAC is 0.05% or higher, while other states have a limit of 0.08%. This law means you could be arrested for drunk driving after a few drinks, according to Utah DUI laws.

In addition, if you’re under the legal drinking age of 21 and get pulled over on suspicion of drunk driving, the only acceptable BAC is 0.0% under the not-a-drop rule in Utah. This rule means it’s illegal for an underage driver to drive with any detectable amount of alcohol in their system.

You can even be charged with DUI when you are not actually driving. So, if you’ve had too much to drink and decide to pull over on the side of the road to “sleep it off” in the front seat with the key in the ignition or within your reach, you could be charged with DUI in Utah. Prosecutors in the Salt Lake City court system will likely argue that you were in “actual physical control” of the vehicle because you had an “apparent ability” to drive.

If you don’t believe it’s fair to be charged with drunk driving when you were not operating your vehicle, you should hire a Salt Lake City DUI attorney to defend you from this charge. Even if you were in fact driving just before your DUI arrest, you should get criminal defense help from a trusted DUI attorney. Otherwise, you could face severe penalties if convicted, as Utah’s DUI laws allow judges to order jail time even for a first offense. If you want a chance to avoid jail, driver’s license suspension, and other Utah DUI penalties, call our Salt Lake City, Utah law firm to speak with a skilled DUI lawyer today.

What Happens When You’re Charged with a DUI in Utah?

DUI arrests can be terrifying in any state, but they’re especially daunting in Utah because you could end up in jail for a BAC that wouldn’t even get you arrested in most other states. However, knowing what to expect from your Utah DUI case can provide you with some reassurance as you wait to discuss your legal options with your Salt Lake City DUI attorney.

Following your DUI arrest in Salt Lake City, you may be booked into jail overnight, but you will likely be sent home the next day. You will typically be charged with a Class B Misdemeanor for a first-time DUI, though your DUI charge will be enhanced to a Class A misdemeanor if you caused an accident or injury while drunk driving in Salt Lake City. If this is your third DUI in the last ten years, you will be charged with a third-degree felony DUI and be required to serve at least 62.5 days in jail, along with additional legal penalties.

When you go to court for your Utah DUI defense case, you’ll enter a plea: guilty, not guilty, or no contest. Those who plead guilty or no contest at the first court date are likely to receive a higher fine, more jail time, and a longer driver’s license suspension than those who hire a DUI attorney and plead not guilty.

If you plead guilty to this crime, you will be sentenced at the mercy of the judge. If you plead not guilty, you will go through the pre-trial process in a Salt Lake City court, during which your Utah DUI attorney will work to resolve your case with the prosecutor before the trial. If no resolution is reached, your case will go to trial within the Salt Lake City criminal justice system. If you’re worried about your case and want to do everything possible to avoid a DUI conviction, contact our Salt Lake City, Utah law firm to discuss your DUI defense options with a caring DUI lawyer.

Were You Charged with a First-Offense DUI?

If this is your first time being accused of drunk driving, you might be feeling overwhelmed with the legal process, as it can be scary to be accused of a serious offense and not know if you’ll have to spend time in jail. Hiring an experienced DUI attorney at the beginning of your criminal defense case can ease your worries, since they’ll explain the entire process to you and make sure you know your legal rights throughout the case.

One detail to know about Utah laws is that it is possible to face jail time even if this is your first DUI, unlike most states that reserve this punishment for repeat DUI offenders. More specifically, this crime can result in a maximum of 180 days in jail, with a mandatory minimum of two days in jail or 48 hours of community service.

In addition, the fines for a first-offense DUI can be as high as $1,310, and your driver’s license could be suspended between 120 days and 18 months. You could also be required to have an ignition interlock device installed in your vehicle for at least 18 months.

So, it is possible to end up with harsh penalties – including some time in jail – after a Utah DUI conviction. However, whether you will go to jail depends on many factors that the judge will consider, including the BAC level, criminal history, the specific facts of the case, and your actions after your arrest. Ultimately, your DUI penalties will depend on how willing your Salt Lake City DUI lawyer is to fight for your freedom and future. Call our law firm today to get answers from an experienced DUI attorney who genuinely cares about the outcome of your case.

What Are the Penalties for a Second-Offense DUI in Utah?

If you’re charged with drunk driving for the second time in ten years, it’s important to know that this criminal offense is considered more serious than a first offense. The penalties are more severe, though it’s still a misdemeanor charge.

You can typically expect to be sentenced to some jail time for a second DUI offense. The specific number of days in jail will depend on the circumstances of your case. The maximum is usually 180 days, with a mandatory minimum of ten days in jail or five days in jail plus 30 days of electronic ankle monitoring. Your Utah DUI lawyer will review the details of your case and let you know how much time you could spend in jail for a second DUI conviction in Salt Lake City.

Of course, you’ll likely face additional penalties, including fines as large as $1,560 or more. Your driver’s license could also be revoked for two years. Once your license suspension period is over, you could be ordered to have an ignition interlock device installed on your car for a minimum of two years.

Keep in mind that a DUI conviction stays on your record for ten years beginning from the date your case is closed. While most other Utah misdemeanor charges can be expunged about three to five years after you’ve completed your probation or jail sentence, a misdemeanor DUI charge cannot be expunged until 10 years after the completion of your sentence.

If you’re worried about losing your driving privileges, spending time in jail, owing money to the court, and having a criminal record, you should protect yourself from these possible consequences by hiring a DUI attorney to fight for you. Call our Salt Lake City law firm today to discuss your legal options with a caring DUI defense attorney.

Are You Facing Your Third DUI in Utah?

A third offense within ten years is a felony DUI in Utah, which means you face harsh penalties if convicted. In fact, you could spend up to five years in prison if the judge decides to give you the maximum punishment. At a minimum, you’ll typically be sentenced to at least 62.5 days in jail if you end up with a third drunk driving conviction.

You will also be ordered to pay fines as large as $2,850, and your Utah driver’s license could be revoked for two years. Once you get your Utah driving privileges back, you will likely be required to have an ignition interlock device installed on your vehicle for a minimum of two years.

With many Utah DUI cases, additional penalties may be involved, including community service and substance abuse treatment. A judge could also put you on probation for up to 18 months for a misdemeanor DUI and 36 months for a felony DUI, meaning you could end up in jail if you’re arrested for any crime during that time period.

Additionally, having a felony conviction on your criminal record can result in the loss of some civil rights, such as the right to vote or own a firearm. It can even make it challenging to find a job or rent a home, since your conviction will appear on the background check.

If you want a chance to avoid these penalties, it’s essential that you hire a DUI defense attorney who will work hard to get your charges dismissed or reduced, or to prove that you’re not guilty of this serious crime. Contact our law office today to speak with a Utah DUI lawyer about your legal rights as you face life-changing allegations in Salt Lake City.

What Are the Possible Criminal Defense Options for a Utah DUI Charge?

Being accused of driving while impaired can feel devastating, as you might assume the police collected enough evidence for you to be convicted in court. However, this isn’t always true, as some DUI cases are based on flimsy evidence that experienced DUI attorneys can refute in court so their clients can avoid being convicted. It’s important to speak with a Utah DUI defense attorney before deciding how to approach your DUI case.

Experienced criminal defense lawyers have spent years handling complex DUI cases for clients, each with different circumstances to consider. They know how to carefully examine the details of each case – especially the evidence against the client – to find unique and effective arguments to make in court. So even if you think the police officer who arrested you gathered sufficient evidence to send you to jail, a skilled Salt Lake City DUI attorney can likely change that by using the right defense strategy for your specific case. Consider some of the most common defense tactics used by criminal defense attorneys handling Utah drunk driving cases, and then contact us to determine which approach would best suit your DUI case.

Refute the Claim That You Were in Actual Physical Control of the Car

In Utah, it is possible to be charged with drunk driving even if you were not driving the vehicle at the time of your arrest, such as if you were sitting in your car parked in a parking lot at the time of your arrest. However, to be convicted of a DUI offense in this state, it must be apparent that you had the ability to operate the vehicle while you were intoxicated. So, if you were arrested even though you were not driving, your criminal defense lawyer might focus on showing that you were not in actual physical control of the car.

For example, if you did not have your keys in the ignition or within your reach, your attorney could provide evidence of this in court to get your DUI charges dismissed or reduced. Similarly, if you were asleep in the backseat of the car while the engine was off, or if your vehicle would not start due to mechanical trouble, your lawyer could argue that there’s no evidence you drove while intoxicated.

Show That the Field Sobriety Tests Were Inaccurate

If the claim that you were intoxicated is highly dependent on the outcome of the field sobriety tests, your Salt Lake City DUI attorney will likely fight this. After all, these tests are notorious for being inaccurate in determining impairment simply because many sober drivers cannot pass them due to a range of physical issues.

In particular, people often struggle to pass field sobriety tests if they’re overweight or obese, over 60 years old, or experiencing any medical conditions involving their eyes, ankles, feet, or legs. Even wearing high heels or flip-flops can make it difficult to balance or walk straight.

Additionally, police officers don’t always correctly administer the field sobriety tests and could misinterpret the results. This risk is why experienced DUI attorneys usually challenge this type of evidence in most drunk driving cases.

Challenge the Blood or Breath Test Results

In most drunk driving cases, the main evidence against the driver is the result of the blood or breathalyzer test, depending on which test the driver agreed to take during the traffic stop. Either way, an experienced attorney can carefully review the testing process and the test results to look for possible errors made by the police officers involved in your case.

One of the most common ways for top DUI lawyers to challenge this type of evidence is to claim that the breathalyzer was not properly calibrated, which means the breath test results aren’t accurate. Similarly, they might claim that the officers did not properly administer the breathalyzer test, such as if they did not wait long enough after stopping you to test your breath for alcohol.

If your BAC was measured through a blood test, your criminal defense attorney can review the process the police officer used to collect, transport, and store your blood sample. If there is any possibility that the police improperly administered the blood test, your attorney can ask for the test results to be considered inadmissible for your case. They can do the same if there is reason to believe that your blood sample was improperly stored, switched with someone else’s, or analyzed incorrectly.

When determining the right defense strategy for your DUI case, your attorney might ask you if you have any medical conditions that could affect your blood or breath test results. For example, you could get a false reading on a breathalyzer test if you have diabetes, acid reflux, or a hernia. Certain diets can also affect your results, so expect an experienced defense lawyer to ask about these details when strategizing the best approach to your Utah DUI case.

Consider Whether the Police Violated Your Legal Rights

Another way an experienced attorney can defend you from DUI charges is by exploring whether the police violated your rights before or during the arrest. First, the police must have had a reasonable suspicion that you were driving impaired before they pulled you over. Their documentation should clarify that they pulled you over because they observed you swerving, making unsafe lane changes, running a red light, or breaking other traffic laws. If they didn’t note any of this in their paperwork, your attorney may be able to get your charges dropped due to a lack of reasonable suspicion of drunk driving.

In addition, the police need probable cause to make an arrest. Their paperwork should outline this cause, whether it’s because you failed the field sobriety tests or had a BAC of 0.05% or more on a blood or breath test. If this information is missing, an experienced lawyer can argue that the police lacked probable cause to arrest you. If the police failed to read you your Miranda rights during the arrest – informing you of your right to remain silent and not answer questions until you have an attorney – your lawyer can use this information to dismiss or reduce your charges, as well.

Why Should You Choose a Salt Lake City DUI Lawyer from Conyers & Nix?

Salt Lake City DUI lawyers Kate Conyers and Jesse Nix have years of experience fighting DUI charges for clients like you in the Salt Lake City area. In fact, our lawyers used to work at Utah’s most prominent public defender’s office, representing thousands of clients facing DUIs and other serious criminal charges that could be life-changing if they resulted in convictions. Therefore, our Salt Lake City DUI defense team has significantly more experience than most lawyers when it comes to fighting criminal charges that come with harsh penalties in this state.

During the years spent offering our legal services, we’ve dealt with huge caseloads, spent many hours in Utah courtrooms, and had plenty of time interacting with judges and prosecutors on behalf of our clients. This valuable experience taught us how to fight for our clients throughout each case, not only in the courtroom in front of the judge, but also outside of it while preparing for the court date. We’re proud to say we meticulously prepare because we love to win for our clients. This means you can rest assured that we’re never afraid of going to trial when necessary for the case, as we have more trial experience than most attorneys.

In our experience, prosecutors are more likely to offer our clients the best plea deal because they know we are willing to fight until we negotiate a fair resolution. We never accept a first offer from the prosecutor because there is always room for negotiation in a DUI defense case. When the prosecutor says “no,” we hear “not right now.” That means we never give up on our clients and will continue the fight until the prosecutor agrees to our terms or we go to trial.

Additionally, we make sure to be transparent with our clients and discuss worst-case scenarios while working for best-case scenarios. When you hire Conyers & Nix to defend you from DUI charges, you’re choosing a law firm that believes in you and your future and will do everything to achieve the best possible outcome for you and your family. Whether this means staying out of jail, reducing the driver’s license suspension period, or avoiding DUI convictions altogether, we’re eager to assist our clients with quality legal representation.

If you’re ready to discuss your DUI defense case with a caring Salt Lake City DUI attorney, call our law office today at 385-469-1097. We’d be happy to schedule a consultation to discuss your charges, the evidence against you, your possible penalties if convicted, and the criminal defense strategies we can use for your case. We look forward to taking your call so we can work on your behalf to determine the best way to avoid a drunk driving conviction in Salt Lake City, Utah.