View Our Practice Areas

Proving DUI is difficult for prosecutors in hit-and-run crashes

Drivers fail to remain at the scenes of accidents for a variety of reasons even though leaving the scene is against the law. Utah lawmakers made this a crime so that individuals would feel obliged to take responsibility for their actions. Often, drunk drivers leave the scenes of accidents, and proving a DUI in a hit-and-run accident is nearly impossible for prosecutors.

If law enforcement officials locate an individual suspected of being involved in a hit-and-run accident within hours of the crash, the fact that he or she is intoxicated does not mean that was the case at the time of the accident. The suspected driver could have started drinking at home. Witnesses at the crash site may tell officers that they think the person might have been impaired, but there may be no way to prove that in court.

Under these circumstances, creating reasonable doubt regarding the evidence that prosecutors normally present to the court as proof of intoxication, such as field sobriety tests and toxicology tests, is often not difficult. Therefore, prosecutors may fall back on Utah's law against leaving the scene of an accident, which may be easier for them to prove beyond a reasonable doubt. Even so, that does not mean that a conviction is a foregone conclusion.

If you find yourself involved in a DUI hit and run, enlisting the assistance of an attorney as quickly as possible is imperative. Even if you are not charged with DUI, a charge related to the failure to remain at the scene could still adversely affect your personal and professional life. An attorney will review your situation and help you determine your options.

No Comments

Leave a comment
Comment Information

Testimonials

  • I can’t speak highly enough of Kris and his team. I was always kept informed and educated on my options and potential outcomes. Kris was so professional and helped me feel at ease through a very difficult and emotional process. His expertise is second to none and you truly feel as though you’re in the best hands. Thanks for everything Kris, I consider you a great friend!Read more...

    — Tyler H.
  • Rand Lunceford was my attorney and he did a great job for me. Was always very quick to return phone calls and texts. Gave me court reminders the day before. And did a great job. when it was all said and done I was extremely impressed with Mr. Lunceford and their firm. Read more...

    — Brittany U.
  • I appreciate Michael's professionalism and willingness to listen to his clients. He truly cares for them and tries to see things from their perspective. That approach is refreshing and really helps in drawn-out cases. Michael is easy to get a hold of and quick to work on cases. Read more...

  • Brian attended mediation with us today and he was a rockstar. He was very knowledgeable and thorough. I don't know what we would have done without his well-informed counsel and the way he stood up for us. He maintained a calm and authoritative demeanor, even in the presence of the 4 other attorneys on the other "sides". We will be recommending him to anyone who needs a family law attorney, and we'll be choosing him if we ever need one again! Read more...

    — Tawny A.
  • Not to sound cliché... Justice was served!! I have never been in a situation to need a Lawyer. Lauren really stood up for me when forces were making a situation much larger than it should have been. Our situation was extremely difficult but choosing this law firm was the best chose i could have made for my family and I. I am so grateful that Lauren was in my corner fighting while I took care of my family. Words cant Express my gratitude. It is unfortunate that accusations can place people in situations that you cant handle or control...fortunately there are great people like Lauren Forsyth. Wonderful person, Great Lawyer! Read more...

Speak with an experienced lawyer.

If you need help with a divorce, family law issue, DUI or criminal defense, complex civil litigation, or real estate matter, we are here for you. To schedule an appointment with one of our dedicated attorneys call us at (801) 475-8800.

Email Us For A Response

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Ogden Office
195 25th Street
Suite 304
Ogden, UT 84401

Phone: 801-475-8800
Fax: 801-475-9800
Map to Ogden Office

Park City Office
136 Heber Avenue
Suite 305
Park City, UT 84060

Phone: 435-655-3680
Map to Park City Office

Lehi Office
3450 N. Triumph Blvd.
Suite 102-161
Lehi, UT 84043

Phone: 801-753-5650
Map to Lehi Office

Salt Lake City Office
299 South Main
Suite 1300
Salt Lake City, UT 84111

Phone: 801-317-8968
Phone: 801-534-4410
Map to Salt Lake City Office