Most Utah residents would agree that being pulled over by police is never fun, but if you are then accused of driving under the influence, you could end up spending some time in a jail cell. If this happens to you, and it is the first time you have been charged with DUI, do not assume that you should just accept the consequences. Other options might be available to you because it is your first offense.
Police officers are required to follow certain procedures when they have contact with people since every U.S. citizen is entitled to certain rights. Your attorney will more than likely conduct a review of the circumstances surrounding the incident — beginning with the traffic stop. Officers are required to have probable cause or reasonable suspicion that you are either committing a crime or violating a traffic law in order to initiate a traffic stop.
Other challenges to your arrest and the charges are often associated with the administration of field sobriety tests and breath tests. If the tests are not properly administered, they may not be valid to be used as evidence against you. Furthermore, breath test machines require maintenance and calibration in order to function properly. Blood samples could be mishandled or contaminated. Any of these issues could result in a dismissal or reduction of charges.
The most important thing to remember is that just because you are charged with DUI does not mean that you are automatically considered to be guilty. Utah prosecutors will have to prove to the court beyond a reasonable doubt that you were driving drunk. You are also entitled to have an attorney represent you, to review all of the evidence and to confront any witnesses in court.
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