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I am at Fault; Can a Utah DWI Attorney Help Me?

May 25, 2010
Author: Chris M. Alexander

When arrested for DWI in Utah, you face serious consequences like jail time, suspension of your driving privilege as well as heavy monetary fines. Apart from this, you will also face court time, fees and other penalties. Under such circumstances, it would be a good idea to seek the assistance of legal advice of a capable and experienced DWI attorney who can help you in understanding all your rights and options.

Per the Utah law, when you are involved in a DWI, the state will initiate two types of legal actions against you simultaneously: the criminal action and the administrative action. While the criminal action is in response to the ticket that was issued to you, the administrative action will be against your driver license by the Utah Driver License Division. When you are involved in a DWI, the enforcement officer will retain your license immediately and issue a temporary license which will enable you to drive for 30 days from the date issued. You have only 10 days to request an Administrative Hearing from the Driver License Division. If you fail to request a hearing within 10 days, you will lose your right to the hearing and your license is automatically suspended for the applicable statutory time frame.

Defending a DWI case in Utah

When arrested, you will have to undergo Field Sobriety Tests and then take a breath test. If your BAC is over 0.08% you will be accused of DWI. In order to defend a DWI case, you need to follow these steps:

1. Be aware that you are not entitled to a jury trial. This trial can be held only in front of a judge and this needs to be handled with care.
2. Provide all the details during the trial as there will no jury. The judge will be able to make a decision faster and make the prosecution work. With the help of your attorney, you should be able to challenge all the issues.
3. Your attorney should be able to challenge the tests conducted by the law enforcement officers in the form of breath tests or any other forms of tests and put forth to the judge. The argument and briefing is done prior to the hearing and the evidence.
4. Appeal for a hearing and request evidentiary hearings. These hearings can be used for your trial. Your judge will attend the hearing as well as the trial. If the judge is convinced of your argument prior to trial, you need not go in for the trial.
5. Provide all necessary documentation and do it lawfully to get out of the prosecution.

It is quite difficult to defend against a Utah DWI and requires a certain set of skills which need to be used effectively by your DWI attorney. Your attorney will understand the DWI court system and Utah DWI laws well. He will be able to take your case to trial and get a better result in court than the pitiful plea agreement you will be initially offered. His objective is not just reducing the charges, but to get you the best possible outcome.

Tags: DWI Attorney, DWI cases

This entry was posted on Tuesday, May 25th, 2010 at 4:32 am and is filed under DWI Attorney, DWI cases . You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.