DUI – Second Offense in Utah

There are some questions you should ask yourself if you have been charged with a second DUI within 10 years in Utah;

1. Were you represented by an Attorney with your first DUI?
2. If not, did you knowingly waive your right to an Attorney?
3. Did you plead guilty without a Trial?

All of these questions are important. The reason is that if these questions are answered correctly then there may be a possibility that the Prosecutor cannot use your first DUI to enhance your second one. This is again another reason you need an attorney that understands DUI law and procedure. Give us a call today for a free consultation at (801) 475-0123.

Case Law:

State v. Ferguson, 2007 UT 1, 169 P.3d 423.

 

DUI Defense Attorney – Ogden, Salt Lake City

When you are pulled over on suspicion of a DUI it is likely that you will encounter the HGN test (Horizontal Gaze Nystagmus). This test is suppose to help the police officer determine if you have been drinking alcohol and if that you have drank over the legal limit. This test is trying to determine the Nystagmus in an individual. Did you know that there is actually 47, yes 47 types of Nystagmus in individuals separate from horizontal nystagmus.* The fact that there are 47 other possibilities out there makes it hard for a police officer to really be able to do his/her job in figuring out if you are actually drunk. At Arnold & Wadsworth we can help you with these legal issues through your DUI. Let us help. Give us a call for a free consultation at (801) 475-0123 and ask for Brian Arnold.

*Refer to article by Dr. L. F Dell’Osso, 3 Current Neuro-Ophthal-mology 147 (1989).

Arnold & Wadsworth PLLC

Offices in Salt Lake City and Ogden Utah

DUI – Second Offense in Utah – Arnold & Wadsworth

A second DUI in 10 years from a conviction from a first DUI is a Class B or a Class A misdemeanor if the person (1) inflicted bodily injury upon another as a result of operating the vehicle in a negligent manner or (2) had a passenger under 16 in the vehicle at the time of the alleged DUI, or (3) was 21 years of age or older an had a passenger under 18 in the vehicle at the time of the alleged DUI. UCA 41-6a-503.

This means that a second conviction within 10 years does not automatically mean you are guilty of a Class A misdemeanor. These are important distinctions that your attorney should know. We have the experience necessary to help you understand the charges and possible outcomes.

Your initial consultation is free if you are a potential client. We will take the time to look over your ticket and listen to your side of what happened. We will also take you through our DUI questionnaire. This will better enable us to understand your case and the possible holes in the prosecutions case.

Give us a call today at (801) 475-0123.

Case Law on Enhancement:

Defendant’s two prior California convictions for driving under the influence (DUI) could be used to enhance defendant’s Utah DUI conviction to a third degree felony; Utah provides for broader use of chemical testing in establishing a DUI offense than California’s three-hour deadline for creating a rebuttable presumption of DUI, and a person in Utah need only be in “actual physical control” of a vehicle to be subject to a DUI charge, whereas in California a person must be driving, therefore defendant’s California convictions would constitute violations of the Utah DUI statute and could be used to enhance defendant’s conviction.  State v. Rajo, 2010, 245 P.3d 219, 671 Utah Adv. Rep. 43, 2010 UT App 360.