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DUI Convictions Can Disqualify You from Many Jobs
Utah punishes DUI offenders harshly. What many people fail to realize is that even after serving time or paying a hefty fine, a DUI conviction can affect your ability to keep or find work. Even a single DUI conviction, with no prior record, can result in a person having trouble securing employment.
Understandably, it is important for you to take the necessary steps to avoid a DUI conviction. If you have been charged with a DUI, our Salt Lake City DUI defense attorneys want to hear from you.
Utah’s DUI Statistics
For Fiscal Year 2022, the Beehive State experienced the following:
- 10,413 DUI arrests
- 74% of arrestees were male
- 37% of arrestees were between the ages of 25-36
- 71% of arrestees were first-time offenders
- 13% of arrestees refused to take a blood alcohol test
Applying for a Job with a DUI Conviction
As part of the application process, employers conduct a background check on potential employees. Along with the previous schools you attended and your previous jobs, your credit report, driving records, and criminal history will also be visible. This will include not only convictions but arrests, even if you end up not being charged.
Fourth Amendment Violations and Drug Charges
The Fourth Amendment guarantees your right to be free from unlawful searches and seizures. Even so, in law enforcement’s quest to bring drug charges against someone, a police officer may break the law.
You may be unaware if a police officer or detective illegally obtained evidence. That is why having experienced counsel is a must.
If you are facing drug possession, drug manufacturing, or other drug charges, our Salt Lake City drug crimes attorneys are here to help.
Rights Granted in the Fourth Amendment
The Fourth Amendment grants the American people the right to be free of unlawful searches and seizures. To conduct a lawful search of your property, law enforcement must have probable cause to obtain a search warrant.
To obtain a warrant, there must be probable cause. To establish probable cause, there must be a sufficient amount of reliable evidence to deduce that the individual committed a crime.
Should You Plead Guilty to DUI Charges?
Most people who are convicted of a DUI regret their lack of judgment. A DUI conviction carries severe penalties that will be a permanent part of your criminal record. With Utah implementing a lower blood alcohol concentration (BAC) limit than most states (0.05%), it is easier to be arrested for DUI than in other states.
It is crucial not to rush into a guilty plea following DUI charges. Rather, the decision to plead guilty should not be made without the advice of a Salt Lake City DUI defense attorney.
What to Know Before Pleading Guilty to DUI Charges
The State Must Prove Their Case Beyond a Reasonable Doubt
While the burden of proof in civil cases is by a preponderance of the evidence, meaning that it is “more likely than not” that something is true, the burden is higher in criminal cases.
In criminal cases, the prosecution must prove your guilt beyond a reasonable doubt. This means that based on the facts presented, any rational person would come to the conclusion that the defendant is guilty.
When Can an Officer Arrest You for a DUI?
In 2017, the Utah legislature passed a bill that lowered the legal blood alcohol content (BAC) limit to 0.05 grams/deciliter, aiming to avoid accidents due to drunk driving.
While a BAC will reveal if a motorist has been drinking, police officers also look for signs of impairment. Evidence of impairment can include anything from swerving between lanes, drifting, erratic braking, and even tailgating.
To keep you informed, our Salt Lake City DUI defense attorneys would like to discuss Utah’s DUI laws and what signs of impairment police officers look for when making a traffic stop.
Utah Blood Alcohol Limit
House Bill 155 lowered the BAC in Utah from 0.08 g/dL to 0.05 g/dL. Commercial drivers are held to an even higher standard. If you have a commercial driver’s license, the BAC limit is 0.04 g/dL.
A blood alcohol level may be obtained through testing a person’s blood, breath, or urine. Breathalyzer tests are notorious for being unreliable, with results indicating that people are drunk when they are, in fact, sober.
Will You Go to Prison for a Sex Crime Conviction?
A sex crime can follow you for the rest of your life, with some of the most severe punishments pertaining to crimes against children. Utah imposes lengthy jail sentences for sex crime offenders, recently increasing minimum prison sentences for habitual offenders.
If you have been charged with a sex crime, it is crucial that you hire a Salt Lake City sex crimes attorney to defend your rights.
Utah Sex Crimes Against Children
A sex crime is any illegal activity involving a sexual component against another person. New research signifies that Utah’s rape rate is 55.5 per 100,000 people, with one in five children being sexually abused before turning 18 years old. In light of these alarming statistics, the Utah legislature has doubled down on punishments for sex crimes.
Two Utah sex crimes against minors include:
What to Do After an Arrest?
An estimated 32,000 people are arrested each year in Utah. Following an arrest, you may not be aware of your rights. You may be agitated and think you have to answer any questions the police ask you.
Our Davis County criminal defense attorneys are here to provide you with an overview of your rights following an arrest and when you should contact an attorney.
Miranda Rights
If a police officer is arresting a suspect and intends to question them, then the officer must read the arrestee's Miranda rights.
Your Miranda rights come from the Supreme Court decision of Miranda v. Arizona. In Miranda, the defendant was arrested at his home and taken into police custody. He was interrogated by two police officers for two hours, after which he signed a written confession.
Can You Challenge Breathalyzer Results in Utah?
Getting pulled over and accused of drunk driving can be a terrifying experience. The police are trained to take verbal and physical command of the situation, and many people find themselves agreeing to a breathalyzer test before they know what hit them.
If you found yourself in this situation, failed a test, and are now facing DUI charges, we have good news. There are often ways in which a Utah DUI defense attorney can challenge the results of a breathalyzer test. In fact, your lawyer may even be able to challenge the traffic stop altogether – potentially resulting in the state dropping the charges against you. Read on to learn more.
How an Attorney Can Challenge the Results of a Breathalyzer Test
Contrary to what police and prosecutors would have you believe, breathalyzer tests are not always accurate. There are many reasons that the results of a breathalyzer test may be inaccurate, including the following:
Understanding Why You Should Fight Your First Felony
Facing a felony criminal charge in Utah can be a daunting and life-changing experience. Many individuals may be tempted to accept a plea deal, especially for their first felony, to avoid a trial's uncertainty and potential consequences. However, it is important to understand why fighting your first felony may be a better course of action. If you are facing a felony charge, contact a lawyer to ensure you can protect your rights and interests in the criminal proceeding.
Presumption of Innocence
Of course, one of the fundamental principles of the criminal justice system in this country is the presumption of innocence. Every person charged with a crime is considered innocent until proven guilty. This guilt must be proven beyond a reasonable doubt. By fighting your first felony, you assert your right to be presumed innocent and force the prosecution to meet the burden of proof.
Does Being Arrested for a Sex Crime Guarantee Prison Time?
No one wishes to be arrested for allegedly committing a crime. However, it happens all the time. When it comes to serious offenses such as sex crimes, one may wonder whether being arrested ensures they will be ordered to serve an extended prison time. Being arrested for a sex crime does not guarantee the accused will go to prison. Those charged with sex crimes must seriously consider obtaining legal representation from a criminal defense attorney to fight the charges and seek a favorable case outcome.
Essential Factors Which Can Influence Whether Someone Is Sentenced to Prison
- Nature of the crime – Of course, the specific details of the alleged sex crime will likely play a significant role in determining the potential sentence brought by a guilty verdict. Factors such as the type of sex offense, age of those involved, whether force was used, and the presence of any other aggravating factors can significantly impact the severity of the punishment. Utah law clearly defines a long list of potential sex offenses someone can be charged within the state. While all offenses are serious, some offenses carry a more severe prison sentence if the accused is convicted.
Understanding Aggravated Murder in Utah
Aggravated murder is one of the most serious crimes under Utah law, carrying severe potential consequences, including the death penalty. Today, we will examine what constitutes aggravated murder in Utah, exploring its legal definitions and penalties. Understanding the nuances of this offense is necessary if you have been charged because your freedom and possibly life are in grave danger. Contact a criminal defense lawyer immediately to secure the legal representation you need.
Definition of Aggravated Murder
Aggravated murder is defined as the intentional and premeditated killing of another person under specific circumstances, as outlined in the Utah Code. To be considered aggravated murder, certain aggravating factors must be present, which elevates the offense to a higher degree of severity than regular murder charges.
Aggravating Factors
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