DUI stands for Driving Under the Influence and this can mean drugs or alcohol. If you are pulled over for this offense and cannot pass a test of exams, which are called sobriety tests and does not pass a breathalyzer then you will most likely be arrested. The breathalyzer test shows just how much alcohol is in your bloodstream and if it is over the legal limit, you are considered DUI. When this happens, you will need to get in touch with a DUI lawyer in Utah.
When you first meet with your DUI Accident lawyer in Utah, they will explain all of the possible scenarios with you if you are convicted of DUI, which can include:
• Revoked or suspended driving license up to twelve months or lifetime suspension if they have repeated offenses
• A set number of hours doing community service
• Court ordered alcohol rehabilitation if you have many convictions.
The scenario can be one or more of these possibilities. If they are an experienced DUI Criminal Defense lawyer in Utah, they will challenge the arrest. They will try to convince the Court to reduce the sentence or lower the charges. Many times the lawyer will dispute if the police officer was within their constitutional rights to stop their client’s vehicle. The DUI Attorney in Utahcan give their client details on what sentence they can expect if this their first DUI charge or if this is just one of many DUI arrests.
When they go to Court, there are generally several hearings. It will start with a hearing at the Department of Motor Vehicles and the last hearing in the State or County court.
It can be overwhelming to choose a good DUI lawyer in Utah, especially if this is your first offense. You could look for one on the internet or the phone book but the best way is to ask someone that you know who has been in this same situation. When trying to decide which DUI lawyer to hire consider their experience and fees because some will charge by the hour while others charge a flat fee.
DUI Criminal Defense Attorney in Utah
In every criminal trial, the defendant faces a critical strategic decision: to testify or not to testify. Those outside the criminal justice system tend to view this decision in simple terms, believing that the innocent will take the stand and tell their side of the story while those with something to hide will not. Experienced criminal lawyers know that the decision is far more complex and rarely has anything to do with guilt or innocence.Testifying is fraught with peril for any defendant. Guilty or innocent, if the defendant takes the stand, the case will likely turn on his performance as a witness. With so much at stake, the pressure on the defendant is enormous. One false step and he could lose his case. During cross-examination, a skilled prosecutor will attempt to confuse him and twist his words to make it appear that he is lying. If he's a bad public speaker or gets nervous and says the wrong thing, he may appear guilty even though he's not. If the jury is turned off by his tone or demeanor, or simply doesn't like him for inexplicable reasons, the defense may never recover.Apart from the impression the defendant makes during his testimony, the mere act of testifying may have the unintended effect of lowering the burden of proof. In a criminal case, a conviction requires proof beyond a reasonable doubt, the highest standard of proof in our legal system. When the only evidence presented comes from the prosecutor, the jury focuses on whether the prosecutor has met that high burden of proof. Once the defendant testifies, however, jurors tend to focus solely on who they believe, the defendant or the alleged victim. Rather than weighing the prosecutor's case against the extraordinarily high standard of proof beyond a reasonable doubt, the jurors tend to weigh the defendant's story against the prosecutor's or the victim's story. This effectively lowers the standard of proof to something approaching a preponderance standard (more likely than not) and dramatically reduces the chances the defendant will win the case.Finally, in some cases, there is truth to the widely held belief that a defendant who chooses not to testify is hiding something. Court rules normally limit the evidence admitted at trial to that which bears directly on the alleged crime. Evidence of uncharged misconduct and prior criminal convictions is usually excluded for fear that jurors who are exposed to such evidence will convict the defendant just because they believe him to be a bad person rather than because they have been presented proof that he actually committed the charged crime. If a defendant testifies, however, he may open the door for the use of such evidence by the prosecution. Knowing that evidence of prior bad acts may prejudice the jury against him, the defendant may elect not to testify so as to avoid any risk of exposing the jury to such damaging evidence.Because of all the risks involved when a defendant testifies, many criminal defense attorneys advise their clients, regardless of perceived guilt or innocence, not to testify unless absolutely necessary. This advice frustrates the countless defendants who desperately want to proclaim their innocence to the jury. Most criminal defense attorneys have learned the hard way, however, that it is usually much safer to attack the prosecutor's case than to put on one of your own.
DUI Accident Lawyer Utah
A criminal defense attorney is responsible for defending individuals who are charged with crimes and felonies. They represent their clients in the court of law and speak on their behalf. They can either be directly approached by a client or designated by the court of law to do so.Once the attorney has contacted the client, it is his responsibility to extract all the details of the charges filed against the client; collect the information related to the case and then prepare a strong defense that will help acquit the defendant in the court of law.This may sound simpler than it actually is as criminal law itself is quite intricate and difficult to grasp. To build a strong case for his client, a criminal defense attorney has to collect information from a number of sources such as the police, the investigators involved in the case as well as the witnesses.From interviewing the prosecutor's witnesses to extracting information from the federal authorities, the job of a defense attorney is certainly not a walk in the park.Once the information is obtained, legal analysis and complete study of the case follows. The attorneys also need to be involved jury selection, trials and sentencing as well as plea bargaining.Moreover the attorney has a responsibility towards his client as well. An attorney needs to ensure that all discussions with the clients are confidential. Moreover they need to help the client understand the reality of their case, which in certain cases may even lead to pleading guilty.Helping the defendant deal with the repercussions of facing the criminal charges and supporting him/her till the end of the trial is also part of the day-to-day job of a defense attorney.Criminal defense attorneys are either public defenders who are appointed by the state, local or federal government for defending the clients or they are employed by a private firm. Certain defense lawyers even set up their own private service. Based on where they are employed the salaries of the attorneys may vary.However the median salary for a reputed criminal defense attorney in a private law firm is somewhere around $79,000 while a public defender are paid around $70000 per year.
DUI defense lawyer facts Utah