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Utah Drunk Driving / DUI / DWI Defense Attorney

Utah DUI Drunk Driving AttorneyUtah prosecutors and judges take drunk driving charges seriously. Driving or being in actual physical control of a vehicle while intoxicated can result in jail time, substantial fines, losing your license, having an ignition interlock device required in your car, probation, felony enhancements for subsequent convictions, and more. As an experienced Utah criminal defense lawyer, Stephen Howard can help. Contact us to schedule an initial consultation.

Utah DUI Defense - Better Than "Aggressive"

Many attorneys claim to be "aggressive." When it comes to Utah DUI defense, "aggressive" isn't good enough. Utah DUI defense requires a solid understanding of the testing standards and procedures, how the results of these tests are analyzed, medical issues that may result in flawed test results, evidentiary rules relating to expert testimony that may be required to prove your case, Fourth Amendment law that may affect the admissibility of illegally obtained evidence, and more.

An "aggressive" defense isn't good enough. If you are facing a Utah DUI charge, you need an experienced attorney who is capable of mounting a sophisticated defense. You need an attorney who knows how to fight hard, and fight smart.

Utah "Drunk Driving" - Not Just Alcohol

Utah's drunk driving laws apply to more than just alcohol. The typical DUI charge involves allegations that a person's blood or breath alcohol level is above 0.08, or that the person is so intoxicated that they are unable to safely operate the vehicle. This can be proven by use of a blood test or breath test ("Intoxilyzer" test). A skilled prosecutor may also try to prove the case even without these tests by introducing evidence of a reckless driving pattern, or poor performance on field sobriety tests (FST's).  

But even if a person has not consumed any alcohol, prosecutors can file charges based on a person having a "measurable amount" of a controlled substance metabolite in their blood or urine. Even if you are "sober," some metabolites can stay in your system for days and even weeks after the drug was used. If a blood or urine test shows the presence of drugs or drug metabolites in your system, you can still be charged. Sometimes these tests indicate only the presence of lawfully prescribed and medically appropriate medications. But a prosecutor may still file a DUI-metabolite charge against you.

Utah DUI - Consequences of Conviction

The consequences of a Utah DUI conviction can be serious.  Even a first time misdemeanor DUI can result in jail time. The fines are substantial, and the conditions of probation can be heavy. If a person has been injured or killed in an accident, the level of the charge increases substantially. A third DUI within a 10-year period can be charged as a felony.

Even without a conviction, the Driver License Division can suspend your driver license for 120 days for a first DUI charge, or for two years if it is your second or subsequent DUI charge. The Driver License Division can take action even before you go to court unless you request a hearing within 10 days from the date you are cited with DUI or other alcohol-related offenses. You have the right to be represented by an attorney at this hearing. But unless the hearing is requested within 10 days, the Driver License Division will take action on its own.

Finding an Experienced Criminal Defense Attorney in Utah

Defending your Utah DUI charge right the first time is critical. Subsequent convictions can result in enhanced penalties and felony charges. You need an experienced Utah criminal defense attorney on your side.

Contact Stephen Howard now to see how he can help you with your case.


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  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • Utah Probation Attorney Released - Client absconded for more than 10 years from felony probation with Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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