What Happens if I am Pulled Over for Drunk Driving?What Happens if I am Pulled Over for Drunk Driving?Once you are pulled over under suspicion of drunk driving, an officer will usually ask you to perform a field sobriety test. This usually consists of tasks that will allow the officer to observe your level of physical or cognitive impairment, like walking heel to toe in a straight line or reciting the alphabet backwards. Refusing to participate in a field sobriety test is generally fruitless, as the officer will request that you submit to chemical testing. This may include a breathalyzer test, which an officer can do on the scene, and blood and urine tests, which must be performed at a medical facility. You are required to submit to such testing should an officer ask, and refusal to participate in chemical testing can result in an immediate suspension of your driver’s license for six months to a year. Depending on the circumstances, refusal to submit to the testing can yield a higher penalty than the drunk driving conviction itself. These “implied consent” laws rest on the assumption that if you have undertaken the responsibility of driving a car, then you have given consent to be tested for your ability to drive that vehicle safely. The minimum blood alcohol level necessary to be considered “driving under the influence” or “driving while intoxicated” is .08. At that level you are “per se” intoxicated, even if you show no outward signs of impairment. All states also have a “zero tolerance” policy for underage drinking — a person under the legal drinking age found driving a car with any trace of alcohol in his system will be penalized, regardless of evidence of physical impairment. Sentencing for DUI/DWI is largely dependent on an offender’s history of drunk driving and whether or not the offense resulted in an injury to any other person or property. Those convicted of drunk driving may face fines, jail time, license suspension and mandatory participation in an alcohol treatment program. Recently, courts have been increasingly using “certified ignition interlock devices,” which detect whether alcohol is present in the driver’s system each time he or she wants to start the car. The device prevents the car from starting if any alcohol is detected. If you are charged with a DUI/DWI, an experienced attorney that specializes in this type of case can help you navigate the system and ensure that your rights are protected throughout the process. Copyright © 2008 FindLaw, a Thomson Reuters business DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter. |
Criminal Defense FAQ
- State v. Thompson, 2nd District, Farmington, on December 11, 2009, at the time set for Preliminary Hearing, the State Dismissed the 1st Degree Felony charges of Forcible Sexual Abuse of a Child, that would have locked up this client for life in prison.
- State v. Villareal, 1st District, Logan, on December 16, 2009, the State Dismissed all charges against the defendant who had demanded that the police obtain a search warrant before entering his room; when the police executed the warrant, they found marijuana and paraphernalia, and also charged the young college student with "Obstruction of Justice" in addition to the possession charges. The State's Attorney agreed that the contraband did not belong to our client, and Dismissed all charges.
- In Re: Irfan H. Before the Immigration Law Judge, on March 8, 2010, Attorney Edward Flint successfully argued that our client should not lose his permanent residency status and be deported to Bosnia, despite drug and attempted burglary convictions (Cancellation of Removal).
- Holladay City v. Lake, Holladay Justice Court, on April 2, 2010, Attorney Jonathon W. Grimes argued that the charges be dismissed with prejudice, and the Court granted that motion.
- State v. Evans, 4th District, Provo, on April 13, 2010, Attorney Jonathon W. Grimes successfully obtained a Plea in Abeyance to Domestic Violence Assault for our client, who had been charged with 1st Degree Felonies of Aggravated Kidnapping, Rape and other serious charges, that could have resulted in a life sentence.
- Salt Lake City v.Longley, 3rd District, Salt Lake, on April 2, 2010, Edward Flint successfully obtained a Plea in Abeyance to one Misdemeanor for our client who was charged with two Class A Assault on a Peace Officer charges, plus other charges for possession of marijuana and paraphernalia, public intoxication and criminal mischief.
- State v. Herrera, 3rd District, Salt Lake, on April 13, 2010, Edward Flint obtained a dismissal of charges of 1st Degree Felony Aggravated Robbery and Burglary of our client, which will also resolve his Parole violation and release him from prison.
- State v. Benson, 3rd District, West Jordan, on April 22, 2010, Edward Flint negotiated our client's charges down from 2nd Degree Felony Burglary to a Class B Misdemeanor Trespassing.
- State v. McHugh, Judge Stott, 4th District Court, Provo. On June 24, 2009, Edward Flint and Jonathon Grimes for the Defendant, the Defendant was found guilty of making a threatening phone call after a two-day Jury Trial.
- United States v. Vero Ken, US District for Utah, Central Division, Judge Waddoups. On June 11, 2009, Jonathon Grimes for Defendant successfully argued against the cross-referencing sentencing of defendant in Federal Court on a conviction for possession of a gun by a convicted felon. The US Attorney had sought to have the Defendant serve up to 10 years of prison for possession a handgun, because of pending charges of Attempted Murder in Wyoming State Court. Mr. Grimes convinced the Judge that the harsher penalties were not proven in a case where the defendant’s rights of due process and confrontation of witnesses was at issue, and the Defendant will only serve an additional 29 months of incarceration, instead of 10 more years.
- West Valley v. Eschler, 3rd District Court, Salt Lake and West Valley Justice Court (two cases). On June 4, 2009, Jonathon Grimes for Defendant, Judge McCullaugh dismissed the last of several charges against defendant alleging domestic assault. Previously, the prosecution voluntarily dismissed a more serious charge pending in District Court, and Defense counsel filed a motion to Disqualify Judge Keith Stoney from the remaining Justice Court case. Rather than allow the details to be made public, the prosecution asked the Court to dismiss the case.
- State v. Warren, Judge Harmond, 7th District Court, Price. On February 20, 2009, Edward Flint for the Defendant, an Evidentiary Hearing on Defendant’s Motion to Suppress Evidence resulted in the Court finding that the police did not have Reasonable Suspicion to stop the defendant’s vehicle, and ordered the suppress of all evidence, resulting in the Dismissal of Felony charges of Possession of methamphetamine, DUI, weapons violations and other charges. This was the second time that this same defendant obtained a suppression of all evidence and dismissal of nearly identical charges in a different court, based upon the research and arguments of Mr. Flint as his attorney.
- West Valley v. Warthen, Judge McCullaugh, West Valley Justice Court.. On October 30, 2008, Edward Flint for the Defendant, the Jury returned a Verdict of Not Guilty to DUI and Improper Turn. Defendant blew a .139 Blood Alcohol Test, but our Expert Witness convinced the Jury that the test was unreliable.
- State of Utah v. Jamie Clark 071701923 and 081700868. Felony DUI case in Davis County, UT. The prosecutor is unable to get the case bound over on two successive Preliminary Hearings. All Charges dismissed and cannot be re-filed on August 18, 2008.
- Farmington City v. Aubrey Sines 085005370. Motion so suppress evidence granted after prosecutor agreed that stop violated the 4th Amendment. Case dismissed on 8/19/08
- West Valley City v. Todd Hull 08192956 After entering a guilty plea in West Valley City Justice Court, Todd Hired Jonathon Grimes to represent him on an appeal. Mr. Grimes sets the case for trial and September 8, 2008, less than a month before trial, the prosecutor moves the court to dismiss all charges against Todd. Mr. Grimes does not oppose the motion and the case is dismissed.
- Cottonwood Heights v. Rublev (Judge Daniel Gibbons) On June 16, 2008, Edward Flint for Defendant, the jury only heard the first witness before breaking for lunch; after lunch, the prosecutor Lorenzo Miller was 20 minutes late for court and the Judge Dismissed the DUI charges against defendant, with prejudice. The prosecution did not appeal and the case is closed.
- State v. Rios, West Jordan District Court, Judge T. Christiansen. On April 17, 2008, Edward Flint and Jonathon Grimes together for the Defendant, the Jury returned Verdicts of NOT Guilty to Rape and NOT Guilty to Forcible Sodomy, both 1st Degree Felonies punishible by up to life in prison, but this defendant is home with his family tonight.
- Vernal City v. Moore, Vernal Justice, (Judge McRae) Edward D. Flint for the defendant, the prosecutor dismissed the case prior to trial scheduled on February 26, 2008 because the arresting officer errantly destroyed some evidence that could not be retrieved.
- State v. Jordan, SL County Justice, (Judge Robertson) on February 7, 2008, Jonathon W. Grimes for the Defendant, the prosecutor dismissed the case halfway through jury trial when it became obvious they would lose.
- State v. Farrington, St. George District, (Judge Beacham) Edward D. Flint for defendant, on February 20, 2008, the prosecutor dismissed Felony DUI charges against the defendant, a commercial truck driver, prior to a Final Pre-Trial Conference.
- State v. Giles, Duchesne District Court, (Judge Payne) On December 20, 2007, Edward D. Flint for the Defendant the Jury returned a split verdict, finding defendant NOT GUILTY of Class A Misdemeanor domestic violence in presence of a child, and Guilty of simple assault.
- State v. Fail, Salt Lake District, (Judge Skanchy) Edward D. Flint for the defendant, on November 30, 2007, the jury returned guilty verdicts for tax evasion and failure to file tax returns after a two day jury trial.
- Taylorville v. Gallegos, Taylorsville Justice, (Judge Kwan) November 1, 2007, Edward D. Flint for defendant, the case resolved with a Plea in Abeyance prior to jury selection.
- State v. Cossey, SL County Justice, (Judge Robertson) Jonathon W. Grimes for the defendant, the case settled half-way through jury trial.
- State v. Dade, SL District Court (Judge Barrett) Edward D. Flint for Defendant on June 18, 2007, the scheduled jury trial was stricken and the defendant plead guilty to Sexual Battery, a Class A Misdemeanor, and two First Degree Felony charges of Aggravated Rape and Aggravated Sodomy were dismissed. The defendant had faced a minimum mandatory sentence of 20 years to life if convicted, but as a result of the plea bargain, received credit for time served and was released from jail that day.
- State v. Barrow, SL District Court (Judge Hilder) Edward D. Flint for Defendant, on June 5, 2007, the prosecutor reduced the charges before Jury selection from a Third Degree Felony Aggravated Assault (5 years prison) to a Class C Misdemeanor "Disorderly Conduct" and the defendant was assessed $600.00 in restitution and the case closed.
- West Valley City v. Kimball, WVC Justice (Judge Stoney) Edward D. Flint for Defendant, in October, 2006, the jury returned a verdict of NOT GUILTY of Child Abuse.
NOTE: Labels in bold are required.
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