Contesting The DUI Stop Salt Lake City, Utah
When you've been charged with driving under the influence (DUI), it may feel as though there is no way to win your case—however, that couldn't be further from the truth. There are a number of potential defenses that can be used to get your drunk-driving charges reduced, dismissed, and even acquitted. For that reason, you owe it to yourself to speak with a qualified Salt Lake City DUI defense attorney before making any important decisions regarding your case.
Contesting a DUI Stop
Law enforcement agents can't pull over drivers for just any reason—they must have probable cause to believe that a crime (such as drunk driving) is being committed. The first thing a seasoned DUI attorney will do when taking on your case is to look at the circumstances of your traffic stop when preparing your defense.
If the traffic stop was not legitimate—that is, the officer did not observe an infraction or have reason to believe you were in the process of committing a crime—all of the evidence that was collected may be deemed inadmissible by the court. And, without this evidence, the prosecution may have to drop your charges altogether.
Establishing lack of probable cause won't only help with your criminal charges; it's also important when appealing Utah's administrative license suspension. Under state law, any person who either refuses to take the breathalyzer test when suspected of drunk driving or who tests over the legal blood alcohol content (BAC) level is subject to an automatic license suspension imposed by the Department of Motor Vehicles. In order to contest the loss of your driving privileges, it's necessary to submit a license appeal within 10 days of your arrest as well as show that your traffic stop lacked probable cause.
Qualified DUI Defense
As you can imagine, proving that a DUI traffic stop was illegal is not an easy process; fortunately, our attorneys can help you determine if this is an appropriate defense for your case. The Fourth Amendment of the Constitution was created to protect citizens in cases such as this, and it's important that we ensure that your rights are protected.