Ogden DUI Defense Attorney
An arrest for driving under the influence thrusts you into a world in which you have little knowledge and everything to lose – your freedom, job, your good name. Having an experienced Ogden DUI attorney on your side can make all the difference in fighting the charges against you, up to and including their dismissal. The prosecution will bring seasoned legal minds to bear to prove you were operating a vehicle in violation of the law. Shouldn’t you have an equally formidable voice in proclaiming your innocence or making the extenuating circumstances of your case known?
When everything is on the line, don’t skimp on your legal defense. Our Ogden DUI defense attorneys can help you get your life back after being charged with a DUI. Call Overson Law, PLLC at (801) 758-2287 to speak with our attorneys about your DUI charges today.
How a DUI Is Charged in Ogden
If you are charged with a DUI anywhere in Utah, you must understand what the legal limit for a DUI is in this state. Most other states have higher blood alcohol concentration (BAC) limits of .08. Utah is different and imposes a lower limit of only .05. This means it will take fewer drinks to put you over the legal limit for drunk driving in Utah.
In some cases, such as for underage drivers, being caught with any alcohol in your system while operating a vehicle may be grounds for criminal charges. This may also count for drivers who were previously convicted of a DUI and are legally required to refrain from drinking alcohol.
To be charged, a driver must be in actual physical control of the vehicle. Whether or not a driver is in actual physical control of their vehicle will be determined by examining all the factors and circumstances surrounding their case. However, situations that do not constitute physical control include being asleep in your car, being in the passenger seat, being in the vehicle while the engine is off, and any other facts that make it clear you did not drive the vehicle.
The legal limit for a DUI in Utah is not very high, making it easy for unwary drivers to become entangled in the criminal justice system. For help with your DUI case, call our Ogden DUI defense attorneys as soon as possible.
Increased Penalties for DUI in Ogden For Repeat Offenses
The criminal penalties for driving under the influence in Utah increase with each conviction. While the first two convictions are misdemeanors, state regulations classify the third as a felony. Having that kind of criminal offense on your record can make it impossible to get a job, find a place to live or even get a bank loan. At our firm, we understand the seriousness of the charges you are facing, and work diligently to prepare your case to allow the truth of the matter to shine.
Your DUI charges and resulting penalties may be upgraded depending upon certain facts surrounding your case. Your charges can certainly be upgraded if you have multiple DUIs on your record. However, other factors could also lead to upgrades. For example, causing someone bodily harm can lead to increased charges. The charges go up even more if that bodily harm is especially serious. Other things like underage passengers or previous convictions for certain felonies can also lead to an increase in charges.
Talk to our Ogden DUI defense lawyers right away about your case. Our office will fight for your rights and try to clear your name.
Chemical Testing for DUIs in Ogden
After you are arrested for a DUI in Utah, the police will have you submit to chemical testing. This testing will provide the police with an accurate BAC reading. Chemical testing is not optional and any refusal to submit to testing may be met with additional legal consequences. Our Ogden DUI defense lawyers can help you challenge your chemical testing results and hopefully avoid penalties for a refusal to submit to testing.
Under the law of implied consent, all drivers must submit to chemical testing after being arrested for a DUI. The State of Utah recognizes that just by driving on the state’s highways and roads, drivers have impliedly given their consent to be chemically tested. The police will not physically force you to undergo testing, but you will be penalized for refusing. Penalties can include…
- Additional criminal prosecution,
- Revocation of your driver’s license,
- A 5- or 10-year probation on driving with any detectable amount of alcohol in your system, including driving with a BAC lower than .05m, and
- A 3-year probationary period during which you must have an ignition interlock device installed in your car.
Defending Against DUI Charges in Ogden
An attorney will not only help you protect your rights during your DU proceedings but can also help you challenge the evidence against you and work to reduce or dismiss your charges. Our Ogden DUI defense lawyers are here to protect you.
We want to ensure all authorities involved with your traffic stop and subsequent arrest upheld your rights and followed procedure in accordance with Utah law. If something is amiss, our Ogden DUI lawyers will find it, and use that evidence to compel a dismissal of the charges against you. Anything from improper procedure during your stop to faulty breathalyzer equipment can be the basis for challenging the evidence.
Your charges could be upgraded depending on what your driving record looks like. Multiple DUIs in your history could spell disaster for your case. However, we can work to exclude DUIs that are too far in the past or perhaps were not actually DUIs at all. We work to reduce the penalties you’re facing by reducing the severity of the charges. With a smaller sentence, you can get on with your life faster.
Restoring Your License After a DUI in Ogden
There are civil and criminal aspects of the DUI process. Your actual DUI charges will be handled as a criminal matter, but your license suspension may be a civil matter. Hire our Ogden DUI defense lawyers to help you get your license back so you can move on with your life.
License suspensions will kick in automatically after a DUI. You have a very limited window of time, only ten days, to request a hearing to challenge the suspension. If you miss this deadline, you are out of luck. Requesting a hearing requires that you fill out the necessary paperwork and form from the Driver’s License Division of the Utah Department of Public Safety. Once you have appropriately filed the paperwork, a hearing will be scheduled.
At your hearing, an administrative law judge will decide your fate. They will determine if a suspension of your driver’s license is truly necessary. If we are successful, you could have your suspension lifted or shortened. If we are unsuccessful, you must serve out the entirety of your suspension.
Your hearing with the administrative law judge is a civil proceeding that is separate from the criminal proceedings of your DUI. This distinction means that you could have your license restored at the civil hearing, but still be found guilty of the DUI. However, if you are found not guilty at the criminal trial for your DUI, your license suspension will be lifted.
Knowledgeable Ogden DUI Defense Lawyers Working for You
When it comes to finding the right law firm to represent you, time and in-depth knowledge of the system are necessary. The prosecution will not wait to bring charges, which is why you need to move fast to hire a legal team to preserve your rights. The team working at the law offices of Overson Law, PLLC have decades of experience in the criminal trial setting and a history of success in seeing their clients receive the fairest treatment possible.
You just want to move on with your life, forget that night ever happened. While we cannot erase the past, we can work together to see you have every opportunity to put your arrest behind you for good. Our Ogden DUI defense lawyers can help you fight your charges, restore your license, and get back to your normal life.
Speak with Our Ogden DUI Defense Lawyers About Your Case
Call today to set up your initial consultation at (801) 758-2287. Our fees are affordable, and in many cases, a flat rate can be set up to accommodate your budget. If you need to meet outside of normal business hours, or on weekends, that is no problem. We are more than happy to adjust to meet your needs. Call Overson Law, PLLC today at (801) 758-2287 to set up a consultation.