Every day while in court I meet with clients,  prosecutors, judges, argue law and motions, question witnesses, and perform many other legal duties.  I also have the opportunity to see other Defendants, some with attorneys and some without, attempt to do the same thing.  Unfortunately I see far too many individuals (and even more unfortunate their attorneys) enter pleas to Driving Under the Influence (DUI) of alcohol or drugs.  I call it unfortunate because DUI’s are some of the most complex criminal charges an individual can be charged with, they are more complex than many felony cases; yet contrary to what seems to be popular belief a DUI can be beat.

DUI’s often involve a hearing (that requires a request by the Defendant) at the Driver License Division of your state and potential loss of the driving privilege even before stepping into court.  A DUI often times involves a minimum mandatory jail sentence upon conviction.  Another problem with a DUI is the alcohol restriction placed on the driver after a conviction.  Which means while driving the individual cannot any amount of alcohol in his system.  A further requirement could be an ignition interlock device, which means the driver must have a device installed on the vehicle which requires an alcohol free breath test before the vehicle will start.  Most states and certainly Utah have a 10 year enhancement upon conviciton of a DUI.  Meaning that a 3rd DUI within 10 years can be charged as a felony.    The penalties for DUI conviction can linger for years.  Not to mention the fines, attorney fees, restrictions on driving, and how a DUI might affect employment.

DUI penalties can be far more severe than many felony convictions.  Which is why when I see individuals plea to a DUI without a good lawyer and often times without a lawyer altogether, I cringe.  My practice has been moving into the realm of truly fighting the DUI.  Many if not most DUI’s can be beat through careful analysis of a client’s case, suppresson hearings, and at trial.  My experience is that few criminal attorneys in Utah truly fight the DUI.  Many settle for the DWI, which is mostly a DUI with a different name.  It takes skill, patience, perseverence, and knowledge to truly fight and win a DUI case.

Every year DUI laws nationwide and certainly in Utah get more and more severe.  If you get a DUI or know someone that has one DO NOT go it alone, DO NOT hire the cheapest attorney you can find, get a lawyer that will really fight for you.  Get an attorney that can get it dismissed, and if he cannot get it dismissed at least know he is really fighting to win your case.  DUI’s are serious and complex, don’t settle for an attorney that doesn’t know what he is doing, don’t make me cringe when I see you in court, your DUI can be beat!

Good luck with your fight.