CRIMINAL LAW DEFENSES
Upon being charged with a DUI you should immediately contact the Drivers License Division hearing within 10 days of the offense to schedule a license revocation hearing. This hearing will decide whether the Drivers License Division will take action on your license by suspending it for a period of time. It's imperative that you contact the Drivers License Division within 10 days or the hearing will very likely be forfeited and your license will automatically be suspended. Utah Code 41-6a-509 refers to the amount of time that your license will be suspended are as follows:
First DUI and Person is 21 years or older- 120 days
Second DUI and Person is 21 years or older-2 years
If the Person is 19 years of age or older but under 21 years old at the time of arrest-the person will have their drivers license suspended until he/she is 21 years of age or for a period of one year, whichever is longer
In Utah an individual can be charged with a DUI under Code Section 41-6a-502 (Driving Under the Influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration), or 41-6a-517 (Driving with ANY measurable controlled substance in the body).
Under Utah Code 41-6a-502, drivers in physical control of a vehicle or be in actual physical control vehicle with a blood alcohol concentration of .05 grams or greater at the time of the test can be convicted of a DUI. DUI's are highly technical cases that can be attacked on many fronts. It is best to consult with an attorney to see if reasonable suspicion existed to prolong the initial traffic stop, evaluate the field sobriety tests, and evaluate the accuracy of the Intoxilyzer results and/or Toxicology results.
Moreover, under Code section 41-6a-517 an individual can be convicted of a DUI Metabolite when he/she has any measurable controlled substance or metabolite of the controlled substance in his/her body. What this means is a person can be convicted of a DUI even if the individual is not experiencing the pharmacological effects which would impair him/her while driving. Again, it's best to consult with an attorney for the same reasons listed above. DUI cases are highly techinical. Affirmative defenses for a DUI metabolite are :(1) the controlled substance was involuntarily ingested by the accused, (2) prescribed by a practitioner for the use of the accused ; or (3) otherwise legally ingested.
Utah Code 58-37-8 states that its unlawful for any person to knowingly and intentionally posses or use a controlled substance analog or or controlled substance, unless it was obtained under a valid prescription or order, direclty from a practitioner while acting in the course of the person's professional practice etc. Morevoer the type of drug and amount bares on the severity of the criminal charge:
-Second degree felony is a person possess 100 pounds or more of marijuana
-Class A Misdemeanor for a first and second time possession of a substance classified in Schedule I or II or a controlled substance analog. On a third or subsequent conviction it is a third degree felony.
-Class B Misdemeanor for any person that violates Subsection 2(a)(i) with respect to all other controlled substances not included in Subsection 2(b)(i) or marijuana is guilty of a Class B Misdemeanor. Upon a third conviction the person is guilty of a Class A Misdemeanor, and upon a fourth or subsequent conviction the person is guilty of a third degree felony.
Usually, defenses for drug possession cases consist of Law Enforcment violating the the clients Constitutional Rights (some examples are Unreasonable Search and Seizure, Miranda Violations, or warrant deficiences. The other defense that would also be explored is the client's lack of contructive possession. It is best to consult with an attorney regarding a possession case given the penalties and enhancements that attach to the conviction. Moreover , a possession charge involving a motor vehicle can result in action ataken against your drivers license.
Crimes Involving Domestic Violence are Enhanceable Offenses