In Utah, driving under the influence of alcohol is a Class B misdemeanor. Getting caught and being found guilty could put you behind bars for up to six months, and pay up to $1,000’s worth of fine. If you injured someone when you’re accused of DUI, your offense quickly escalates to Class A; if it’s your third DUI violation within 10 years, your offense turns into a third degree felony. Naturally, your possible penalties become heftier, as the law renders your alleged wrongdoing more serious.
Many people that get arrested because of DUI simply plead guilty just to avoid the harsh punishments they can potentially receive. While that school of thought makes sense, it doesn’t when you can leave the court innocent and move on to your life without living with the consequences of a DUI for a long time.
Sadly, the motivation behind some guilty pleas are misconceptions.
An Arrest Doesn’t Make You Guilty
Even if the police officers believed that you broke the law, that’s only their opinion. Only the court can prove you committed the alleged traffic violation charged against you. Much like in any case, you’re innocent until proven guilty beyond reasonable doubt; an arrest isn’t the end of story.
Breathalyzers Sometimes Lie
Any experienced misdemeanor attorney in Provo would tell you that breath-testing devices are not always accurate. There’s a long list of defenses that can show the breath result is invalid. Improper calibration, false blood alcohol content (BAC) reading due to certain medical conditions, and unfollowed protocols are only some of the angles your attorney can look at for your defense.
Drinking before Driving Is Not Always Drunk Driving
Just because you had a drink or two doesn’t mean you’re already unfit to drive. Unless you’re under the age of 21, you can be behind the wheels legally anywhere in the Beehive State with a BAC at .08% and below. As long as you don’t exceed this limit, you can operate a vehicle in the eyes of the Utah law.
DUI may seem straightforward, but it’s actually more complex than you think. Your defense attorney can effectively formulate the most appropriate strategy to prove your innocence in the eyes of the judge or the jury.