August 30, 2013 /24-7PressRelease/
-- When arrested for a DUI in Utah, many people may accept the charges without question, not realizing that there are some instances in which challenging a DUI charge can be beneficial. In many cases, an experienced drunk driving defense attorney
can have the charges lessened, and sometimes the charges may be dropped. This is especially true if it can be proven that the arrest was false or faulty, whether by law enforcement error or an improper sobriety test.
DUI laws in Utah
DMV.org says a person can get arrested for a DUI in Utah even if his or her blood alcohol content is below the legal limit of .08 percent. For example, if an officer has reason to believe a person is intoxicated merely because he or she didn't walk a straight line during a field sobriety test or otherwise seemed impaired, the officer may make an arrest based on his or her judgment. Under Utah law, this will usually result in an immediate driver's license confiscation, which may then be suspended up to 120 days.
For those who have balance or other cognitive or physical conditions that have nothing to do with drinking and driving, this penalty can seem especially unfair.
The Century Council reports there were 3,184 arrests for DUI in Utah in 2011. Some of these arrests may have been made under false pretenses, according to The Washington Times. A state trooper who was named Utah Highway Patrol Trooper of the Year was later found to have wrongfully arrested as many as 1,500 people who claim they were not intoxicated at the time of arrest. Many of these people faced job losses as a result, spent thousands of dollars to clear their names and have now filed lawsuits against the trooper and her superiors.
Other possibilities for wrongful arrests or sobriety tests exist, according to The Huffington Post. The U.S. Supreme Court recently ruled that police must usually have a search warrant from a judge before enforcing blood tests to prove blood alcohol content, as an unauthorized blood test violates Constitutional rights against unreasonable searches and seizures. One man's drunk driving conviction was thrown out, after the court determined he was unlawfully forced to submit to a blood test without a warrant.
DUIAwareness.org says even someone who drinks responsibly can get arrested on suspicion of drunk driving, if he or she refuses to submit to a field sobriety test or breathalyzer test. In fact, many law enforcement officers would see a test refusal as compelling evidence of guilt.
Contacting a lawyer
There are several reasons a person might feel like a DUI arrest was unfair, wrongful or unwarranted. It's important to get in touch with a drunk driving defense attorney to protect your rights and, if needed, defend against a wrongful or faulty DUI conviction.