Prescription Medication Can Impair You

Many people are under the impression that you cannot be convicted of a Utah DUI if you are under the influence of a legally prescribed medication.  Unfortunately that is not true.  Just like alcohol, prescription medications are legal substances (so long as you have a prescription).  The problem is that prescription drugs can impair you.  Many medications have side affects which can make you drowsy or impair your cognitive processes.  Such side effects can be dangerous when you are behind the wheel.

As a result of the dangers which can arise from driving when on prescription medication, the Utah Legislature has included prescription drugs under the DUI statute.  So, if you are taking Ambien, for example, and you become drowsy while driving, a law enforcement officer can cite you for DUI.

The Blood Test Is Determinative

One major difference between a DUI involving alcohol and a DUI involving prescription drugs is the fact that neither the portable breath test nor the Intoxilyzer machine can detect prescription drugs. Thus, law enforcement must perform either a urine test or a blood test.  Our of a urine test and a blood test the blood test is the more accurate of the two and will trump the urine test results.

Blood tests will not always detect prescription drugs, however.  In cases where you have a negative blood test, meaning the test did not detect any prescription drugs, the government will have a very difficult time proving that you were impaired.

Even when the blood test shows positive for prescription drugs that does not necessarily mean that the government can prove that you were impaired.  Some prescription drugs will not impair you and if such a drug is the only one found in your blood the government will still have a difficult time proving impairment.

DUI Lawyers

If you have been charged with DUI in Utah, call us. We are DUI Defense Lawyers and will protect your rights.  You will always be better off with one of our DUI lawyers than without one.  Call us at 801.413.1753 to schedule a consultation about your case.

Those who have been convicted of a DUI will become an alcohol restricted driver. This restriction does not permit the alcohol restricted driver to have any amount of alcohol in his/her system at the time of driving a vehicle.

Currently the period for alcohol restriction is two years. If an alcohol restricted driver violates the alcohol restriction during that two year period another year will be added to the restriction making it a total of three years.

Additionally, alcohol restricted drivers are generally required to install an ignition interlock system. This is a device that must be used for the vehicle to start and can detect any amount of alcohol with a minimal error rate. If an alcohol restricted driver fails the ignition interlock test that may be sufficient for a judge to add another year on to the restriction time period.  The consequences are enhanced for additional violations of the alcohol restriction and for a refusal to submit to a chemical test.

Those who violate the alcohol restriction can be found guilty of a class B misdemeanor which can result in up to six months in jail and a $1,000 fine.  The alcohol restriction can become five years if an individual is convicted of a class A misdemeanor Utah DUI, refuses to participate in a chemical test, or has his driving privileges revoked. The restriction can become ten years if there is a prior conviction within ten years. In cases of a felony conviction or a conviction of automobile homicide, the restriction can be for the defendant’s lifetime.

Individuals under the age of 21 are considered alcohol restricted drivers as well. A DUI and minor in possession or consumption of alcohol can cause an underage individual to face multiple charges.

If you have been charged with a DUI, underage possession or consumption, or violation of the alcohol restriction, call Salcido Law Firm at 801.413.1753 to speak with one of our experienced criminal defense attorneys and schedule a free consultation.

Vehicle Impound One of the Drunk Driving Consequences

There are a lot of penalties and consequences for driving under the influence of alcohol in Utah.  One of the first consequences someone will face after being arrested for DUI in Utah is the impound of their vehicle.

The vehicle impound process begins the moment after someone has been placed in custody by law enforcement personnel.  The police officer will place the driver under arrest put him or her in the back of the police vehicle.  Once the driver is in custody the police officer will call in the vehicle to the impound company.  A tow truck will arrive on scene to take the car back to an impound lot.

Detailed Searched of Your Vehicle

Before your vehicle is impounded law enforcement officers will conduct a very thorough search of your vehicle.  The problem with these searches is that they tear your car apart.  They will remove the dash and leave your vehicle in a condition that is difficult to repair.  Typically you will find your car’s interior broken up.  A lot of people get very upset about this, but unfortunately, the law permits the police to conduct these searches and forces you to live with the consequences.

Impound Fee

After your car is searched and towed to the impound lot you will have to pay the impound fee of roughly $300, but the fee increases the longer you keep it in the lot.  This fee is nonrefundable unless you win your driver’s license division hearing.  When you hire us to represent you we take care of the driver’s license hearing and do everything we can to win it for you so that you can get your DUI impound fee back.

Our Utah DUI lawyers will protect your rights and your wallet.  DUIs have many expensive consequences and you need to make sure to protect yourself every step of the way.  Call us at 801.413.1753 for superior Utah DUI Defense services.

Over the last couple of years Utah has been changing their liquor laws to be less restrictive. In 2008 and 2009 Gov. Huntsman loosened the laws by getting rid of the membership restriction that required bar patrons to purchase a club membership before entering any bar that served liquor. Starting on July 1, 2011 new liquor laws will take effect and businesses will now be able to start selling bottles on Sundays, along with other changes. Although things continue to get more lenient in Utah for liquor businesses they are still much more conservative than most areas. Businesses are still prohibited from serving doubles, or more than one-and-a-half ounces of liquor at a time. There are also rules that require restaurants to put up a partition between bartenders and the public. Utah is obviously still aimed at limiting alcohol consumption and have stated that they do not want the tourist industry in Utah to be focused on alcohol.

Looser Liquor Does Not Equal Looser DUI Laws

With liquor laws loosening it is important to remember that Utah’s DUI laws have not changed.  Not only does Utah still have a desire to limit alcohol consumption the Utah DUI laws  are very unforgiving to DUI offenders. A first offense could involve jail time and later offenses will be even harsher. As the state makes it easier to become intoxicated they are relying on the discretion of individuals to make sure that looser liquor laws doesn’t make for increased DUI cases.

DUI Defense Attorney

You should never put your life or the lives of others in danger by driving drunk. If you have made the wrong decision and have been charged with a DUI be sure to make only right decision from now on, and call a Utah DUI Attorney. A Salcido Law Firm criminal defense lawyer will protect your rights and fight hard to get the best outcome available to you. Call 801.413.1753 to have a free consultation with an attorney today.

Utah DUI Convictions and Ignition Interlock Devices

For most people in Salt Lake City and the rest of Utah, the idea of having to blow into a machine to start a car, and periodically thereafter being required to blow into it again and again to keep it running, sounds like some sort of science fiction.  Perhaps it’s even some sort of new green technology that allows a person to power a car with human breath.  Unfortunately for those convicted of a DUI offense, this is not a cheap way to power a car but a requirement by a Utah court to drive following a DUI conviction.

The device required by courts to be installed in a convicted DUI offender’s car is an ignition interlock device.  An ignition interlock device requires the driver to blow into the device to check the alcohol level of the driver.  If the ignition interlock device registers an amount above the legal limit, the car will be unable to start.  While driving, the driver must periodically blow into the device to insure another person just didn’t blow into the device for driver.  Criminal defense lawyers help those who violate an order to have such a device in their car.

New Utah Law Gives Driver License Division Authority Over DUI Convicts

Failing to drive without an ignition interlock device can result in revocation of driving privileges for a year.  A parole officer usually checks on DUI offenders to make sure they are driving with an interlock device.  A new ignition interlock device law going into effect next year will give the Driver License Division more authority to enforce an ignition interlock device court order.

The new law will give authority to the Driver License Division to certify and regulate all ignition interlock providers in the state.  They will be notified instantaneously whenever a ignition interlock device has been installed or removed.  The Driver License Division would have the authority to suspend the license of someone who was required to have an ignition interlock device and didn’t.  Generally, the law will allow the division to easily see if someone is complying with an ignition interlock device order.

Criminal Defense Attorneys Protect Those Charged with Failing to Drive With an Interlock Device

If you have been convicted of a DUI and are required to drive with an ignition interlock device, make sure you drive with one, but if you don’t and are charged for failing to do so, call a DUI criminal defense attorney from Salt Lake City based Salcido Law Firm.  A Salcido Law Firm criminal defense lawyer will protect your rights and fight hard to keep your license from being suspended.  Call 801.413.1753 to have a free consultation with an attorney today.

Utah Criminal Defense Lawyers – Privileged Communications

In Utah Criminal Defense Cases and trials, there are some special circumstances in which a person may refrain or even be prohibited from testifying about certain matters. Privileged communications may occur when a person has gained information as a result of a confidential relationship. Such exchanges of confidential information are known in the legal world as “privileged communications.” If a privilege exists, evidence of any communication made within the privilege may be barred from introduction into legal proceedings including at trial. However, it is important to remember that privileges can be waived by the holder or in some cases exceptions to privileges may apply. If you or someone you know has been asked to testify against their will and a potential privilege may apply, call the Utah Criminal Defense Lawyers at Salcido Law Firm today; 801.413.1753.

Conditions for Privileges

Generally, there are 4 fundamental conditions that must be established before a potential witness will be found exempt from testifying based on a claim of privilege. First, the parties to a communication must believe their conversation is confidential. Second, the issue of confidentiality must be essential to the relationship of the parties. Third, the relationship between the parties must be one recognized as privileged or promoted as protected. Finally, injury to the relationship of the parties must be greater than the value of the proper resolution of the case.

Specific Privileged Relationships

There are a limited number of relationships that are deemed privileged under the law. Such privileged relationships include:

• Husband and Wife
• Attorney and Client
• Doctor and Patient
• Parent and Child
• Clergy and Communicant

Certain other relationships may also be privileged in some cases. The holder of the privilege is generally the person who benefits from the privilege and has the power to waive it. For instance, in most cases, a wife cannot be compelled to testify against her husband. However, in such a case, the wife is the holder of the privilege and can choose to waive her privilege and testify, the defendant husband is not the holder of the privilege and generally cannot prevent his wife from offering testimony.

Free Consultation with Utah Criminal Defense Attorney

If you are someone you know has been charged with a crime and have questions about who can be compelled to testify and who cannot, call and speak with a Utah Criminal Defense Attorney at Salcido Law Firm now. If you have been called as a witness and would like to know what your rights are with regards to choosing to testify, we can help. A Defense Lawyer in our office can answer your questions any time. Call today at 801.413.1753 or simply fill out our Free Case Review form.

Salt Lake DUI Law Firm Explains the Investigative Detention

The Fourth Amendment of the United States protects individuals from unreasonable searches and seizures.  Over the course of time the Fourth Amendment has been interpreted to permit three different levels of police-citizen encounters also known as police “stops.”  Level 1 permits an officer to approach a citizen at any time and question him as long as the citizen is not detained against his will.  Level 2 permits an officer to seize a person if the officer has an articulable suspicion that the person has committed or is about to commit a crime.  Level 3 allows an officer to arrest a suspect if the officer has probable cause to believe an offense had been committed or is being committed.  State v. Wormwood, 164 P.3d 397 (Utah 2007).

A Level 2 Stop is also known as an investigative detention and in Utah DUI cases police conduct Level 2 Stops all of the time.  In fact, the Level 2 Stop is the primary manner in which Utah Highway Patrol, sheriffs, and police officers are able to stop a DUI suspect.  A Level 2 Stop permits a police officer to stop a vehicle for the slightest infraction such as having a brake light out, not turning on your headlights, speeding, not coming to a complete stop at a stop sign, etc.  That is all law enforcement needs to make the initial stop.

Reasonable Suspicion Required to Investigate DUI

Once the stop is made law enforcement must have a reasonable suspicion that you are driving under the influence in order to conduct an investigation through Field Sobriety Tests and a breath test.  Reasonable suspicion is easily met.  The police officer need only smell the odor of alcohol coming from the driver, recognize slurred speech, see blood shot/glassy eyes, etc.  A totality of the circumstances determines whether there is reasonable suspicion but in most Utah DUI cases if the officer reports a combination of odor, slurred speech, and blood shot/glassy eyes the courts tend to find that there was reasonable suspicion of DUI.

Investigation – Field Sobriety Test

If the officer can show reasonable suspicion of DUI he can request the driver to take field sobriety test.  YOU DO NOT HAVE TO CONSENT TO TAKE FIELD SOBRIETY TESTS.  It is your legal right to refuse a field sobriety test.  You do, however, have to take a portable breath test if the officer requests that you take one after reasonable suspicion has been established.  If you refuse the breath test there are serious consequences including losing your driver’s license for a long time.

Utah DUI Defense Lawyers

Police must follow very specific procedures in investigating a DUI.  If you have been charged with a DUI in Salt Lake, Provo, or Ogden, call Salcido Law Firm PLLC and Get Protected!.  Our experienced DUI lawyers will defend your rights to ensure the law enforcement agency that arrested you does not get away with anything.

Call us anytime for a free consultation.  801.413.1753.

There are several penalties that are guaranteed when being charged with a Utah DUI. These penalties can even be a guarantee for a first DUI.  Penalties that can be expected include a penalty known as alcohol restricted driver, a requirement of an ignition interlock device and a 120 day minimum suspension of a driver’s license.

Penalty 1 – Alcohol Restricted Driver

The definition of an alcohol restricted driver automatically is given to any driver who has been charged of a DUI in that state of Utah. The restriction given to someone charged with a DUI is absolutely no alcohol in the individuals system while driving. The states BAC of .08 percent does not apply to an alcohol restricted driver. Individuals pulled over with this restriction will be convicted of a class B misdemeanor and face time in jail if they blow even a small percentage of .01 percent. A judge can also issue the driver to install a device known as an ignition interlock into the driver’s car.

Penalty 2 – Ignition Interlock Device

An ignition interlock device is a tool used to restrict individuals from driving if there is any alcohol in their system. It can be installed in a car of someone convicted of a DUI in Utah. For 18 months the driver is required to blow into the ignition interlock device which will detect alcohol. If there is any alcohol blown into the device, the car will be unable to start.

Penalty 3 – Suspension of Driver License

Suspension of a driver license is automatically initiated when arrested for a first time DUI in Utah. The suspension last for 120 days. At the time of an individual’s arrest in a DUI, the officer arresting will give the driver a temporary license but take away the individuals driver license. The driver license division allows only ten days after the arrest for the driver to request a hearing to try to keep his or her original license. This hearing will allow the driver to present evidence in hopes to keep his or her license.  If the arresting officer present probable cause to arrest, then the 120 day suspension will continue.

Need a Utah DUI Lawyer?

If you were arrested for DUI in Utah call Salcido Law Firm PLLC for DUI defense.  Our experienced criminal defense attorneys can help you beat the state.

The Atkins Diet

In the early 1970’s a man by the name of Robert Atkins developed a diet method that would allow men and women to lose extra fat, this diet became known as the Atkins diet. This diet consists of little to no carbohydrates and usually a higher consumption of proteins. The main goal of the Atkins diet is to consume foods that will allow the human body to burn fat for energy rather than the usual carbohydrates for energy. Because carbohydrates are limited fats and proteins replace them. There are usually two approaches to this diet. (1) high in protein, low in fat or (2) low in protein, high in fat. One of the most appealing advantages to this diet is that men and women are able to consume as many or more calories than they had before they started the diet, and still lose weight.

Ketones

The Atkins diet can also be known as a ketogenic diet. Ketones are produced when fat is broken down in the liver. The building of ketones eventually flows to the blood stream and causes a condition known as ketosis. Our brains use blood sugar as fuel and blood sugar is mostly affected by the simple and complex carbohydrates that we consume each day.  When carbohydrates are limited the brain uses ketones for energy. The adjustment from sugars to ketones can cause someone on the diet to feel fuzzy or tired for the first couple of weeks.

The Role of Ketones in a DUI

High levels of ketones can harm the body. If ketone levels get too high in someone on a low-carb diet he can develop what is known as diabetic ketoacidosis. High levels of ketones cause the body to create isopropyl alcohol as well. These symptoms mimic the symptoms of someone under the influence of alcohol or some other kind of substance. Someone who is undergoing a low-carb diet produces higher levels of ketones, which can demonstrate the same results of someone under the influence of alcohol in a DUI.  When isopropyl alcohol is blown into a DUI breath tester it is often mistaken for ethyl alcohol.

Utah Drunk Driving Defense Law Firm

If you have been accused of a DUI while undergoing a low-carb diet such as the Atkins diet call Salcido Law Firm’s DUI Defense team of attorneys and lawyers at 801.413.1753 or email us to discuss your options.

What is Impaired Driving in Utah?

In Utah, an impaired driving is a very similar to a Utah DUI, but the consequences of getting an impaired driving conviction as opposed to a DUI conviction are not quite as severe.  Impaired driving is still a class B misdemeanor as is a first time DUI, but in the eyes of the law it is considered a lesser offense.   Basically, an impaired driving charge is a way to avoid a DUI.  The prosecutor will have discretion to charge you with a DUI or an impaired driving.  Typically, if your blood alcohol content was above a 0.12, the prosecutor will not offer to reduce your charges to an impaired driving.

The Benefit of Impaired Driving on Your Driver’s License

As you may know, Utah has some of the toughest laws when it comes to suspending driver’s licenses for DUI convictions.  Indeed, for a first time DUI you are looking at a mandatory 120 days suspension, and there is nothing anyone can do to shorten that time.  Utah does not even allow for work permit driver’s licenses.

Even worse, the moment you are arrested for a DUI, your license will get suspended.  You will have the opportunity to have a hearing, but the Driver’s License Division (“DLD”) typically always sides with the police officer, highway patrol trooper, or sheriff’s deputy who arrested you.  It is basically a rubber stamp.  There are occasions, however, when your license will not get suspended at the hearing because the law enforcement officer didn’t show up or the blood test results have not been returned.  In such situations an impaired driving charge would be very beneficial.  You see, if you do not lose your license after the DLD hearing but you are convicted of a DUI, you will lose your license because of the conviction.  But if you do not lose your license after the DLD hearing and you are convicted of an impaired driving charge you will not lose your license!

Utah Impaired Driving Lawyer

There are various nuances in Utah DUI law that only an experienced DUI attorney will know.  Salcido Law Firm has the criminal defense attorneys that you will need on your side to protect you from the many adverse consequences of a DUI conviction.  Call us anytime at 801.413.1753 or email us to schedule a time to visit with one of our attorneys for a free consultation.