Prescriptions, Pot and Booze

It’s the 4th of July in Utah and there’ll be barbeques, baseball, hiking, kids tournaments, and lots of partying this summer, more in Utah than anywhere else because we also of Pioneer Day at the end of the month. There’ll be the those usual special events at all the popular venues: Snowbasin, Snowbird, Red Butte, Park City with Park Silly every Sunday, the Arts Festival, Ogden Amphitheater, the Davis County Fair, Cedar City, Logan, and Peach Days in Brigham City to mention only a few. The Raptors, the Orem Owls, and the Bees bring us baseball and community enjoyment. But, it’s also the time of the year to beward of consuming marijuana, drinking too much alcohol and take the prescribed medications since all of them could lead to a DUI, Impaired Driving or Driving with the metabolite of  a controlled sunstance in your system. DUI marijuana arrests are on the rise since we now have 4 states on our borders with legalized marijuana, either recreational in Colorado and Nevada, or medicinal in New Mexico and Arizona. So driving from state to state brings high risk for both possession and use in Utah, even if purchased and used legally in our border states. And it’s not to be taken lightly. All of these charges from possession and use of marijuana, possession of paraphanalia, to DUI and Impaired Driving carry driver license consequences, potential jail, and other penalties and requirements. Many defenses can, however, be raised to mitigate the penalties one could be facing. Before you go out to your favorite haunts, figure out your options in the event you consume illegal or too much of legal. If you’re going out to the No Name, a Deer […]

What Happens if You Plead Guilty to a DUI in Utah?

If you’ve been charged with a DUI in Utah, you are facing a number of potentially significant penalties. You probably already know that Utah treats the crime of operating a vehicle while intoxicated seriously. So seriously, in fact, that Utah became the first state in the nation to lower the legal BAC limit from .08 to .05. In general, someone convicted of a DUI in Utah is looking at potential mandatory jail time or community service, a stiff fine, the suspension of driving privileges and more. The serious nature of the penalties and the uncertainty of the outcome of your case can cause an incredible amount of stress. That’s natural. It could be tempting to simply plead guilty to the charges against you and put the entire matter behind you as quickly as possible. However, given the nature of your particular case, pleading guilty may or may not be in your best interest. To begin with, let’s look at some of the potential penalties involved in the typical DUI. If this is your first DUI offense in the past 10 years then it’s likely that you were charged with a Class B misdemeanor. If you’re convicted, you’ll face the following fines and penalties: Court Imposed Fines – A first time Class B DUI conviction carries a minimum fine and fee of $1420. If the circumstances warrant, the judge has the discretion to raise the fines and fees to $1950. Incarceration – There is a mandatory minimum sentence of two days in jail for a first time Class B DUI conviction. If the circumstances warrant, this sentence can be increased up to 180 days. A judge may order a defendant to perform two days of community […]

  • Cinco de Mayo Sober Ride
    Where to Get A Sober Ride On Cinco de Mayo in Northern Utah Where to Get A Sober Ride On Cinco de Mayo in Northern Utah

    Where to Get A Sober Ride On Cinco de Mayo in Northern Utah

Where to Get A Sober Ride On Cinco de Mayo in Northern Utah

With spring finally here and summer quickly approaching, it feels like it’s time to celebrate. Here in northern Utah, there’s no better way to celebrate the longer days and warmer weather than by raising a cerveza or margarita at one of the many Cinco de Mayo celebrations in Salt Lake City and Ogden. While Cinco de Mayo is a day to celebrate Mexican culture and pride, it is also an excuse to relax, unwind and enjoy some great food and fun with friends. Similar to Oktoberfest and St. Patrick’s Day, bars and restaurants in Ogden and Salt Lake City typically mark the fifth of May with special events and parties. So whether you’re heading to the Sonora Grill for a margarita, having a beer at Roosters or sampling a tequila over at the Funk’n Dive, have fun and stay safe. Remember, Utah takes drinking and driving very seriously. Law enforcement will be on the lookout for drunk drivers this Cinco de Mayo. So, if you’ve been out partying, leave your car behind and use one of these options to get home safely. AAA Tipsy Tow If you’ve had too much to drink, AAA Utah will take you and your car home for free this May 5th. Just call 800-222-4358 (AAA-HELP), tell the operator you need a tipsy tow and AAA will send a truck to get you and your car home. Lyft and Uber Simply download either company’s app to your smartphone and request a ride. A driver will come to your location and get you home. The rates vary by destination, but in all cases will be cheaper than the fines, fees and other expenses associated with a DUI conviction. Taxi Services If you’re not […]

Top 3 Mistakes To Avoid After A Utah DUI Arrest

A DUI charge in Utah is a serious matter. The penalties involved are severe and can have long lasting effects on your finances as well as your personal and professional life. Defending yourself against a DUI charge is also a serious matter. Utah’s DUI laws are complex. Any mistake you make will have a profound effect on your ability to drive, the amount of your fines, your freedom, your future insurance rates, and much more. In this article we will take a look at some of the more common mistakes that are made in a typical Utah DUI case, in order to avoid them and the damage they can cause to you and your future. Not Taking the Charges Seriously A conviction on a DUI charge will have immediate serious effects on your life. To begin with there are the court imposed fines. A first time DUI conviction carries a minimum fine and fee of $1,420. If the circumstances warrant, the judge has the discretion to raise the fines and fees to $1,920. In addition, if your DUI involved an accident where any person was injured, or if there was a child in your vehicle under 18 years of age at the time of your arrest, the conviction carries a fine and fee of $4,625. Next, there is the potential for incarceration. There is a mandatory minimum sentence of two days in jail for a first time DUI conviction. In general, judges usually order a defendant to perform two days of community service in lieu of jail time. If the circumstances warrant, this sentence can be increased up to 180 days. If your DUI involved an accident where any person was injured, or if there […]

What are the long-term consequences of a DUI?

Long-Term DUI Consequences   Did you know that driving under the influence of drugs or alcohol (DUI) is the number one most common criminal offense that exists in the United States? There are hundreds – maybe thousands – of normally smart, careful drivers who get arrested for DUI and suddenly find themselves involved in a downward spiral that can be incredibly difficult to get out of. The legal, personal, and business effects of being convicted of DUI are enormous, and can go on for years after the conviction. The short-term consequences are well-known: driver’s license suspension, fines, fees, higher insurance premiums, community service, driver education classes, and jail time. These are the most common punishments for a DUI conviction. However, the long-term effects of a DUI can be devastating in ways that might surprise you. Long after the fees and fines are paid, and you’ve satisfied all of the legal obligations of a DUI conviction, you’ll find that the effects of having this conviction on your record negatively changes many things for you, your family, and your future. Here are a few ways that the consequences of a DUI conviction can affect your life in the long-term: Driver’s License Revocation Even if you have never been convicted of a DUI or similar charge before, your driver’s license can be revoked for up to two years. If you can’t use your vehicle to get to work, you have to try to ride with others, take public transportation, or if no other option is available, you may lose your job. Imagine the stress of having to rely on others to take you anywhere you may need to go – work, grocery shopping, errands, gym, restaurants. And of […]

Can I Lose My Job After A DUI?

Can I Lose My Job After a DUI? If you’ve been arrested for DUI, you’re already aware of how this one incident can turn your entire life upside down. Fines, fees, court dates, attorneys, jail time…you’d think all this would prevent drivers from drinking and then getting behind the wheel. But the truth is astounding. Driving under the influence of alcohol or drugs is an often-committed crime in the state of Utah. As a matter of fact, there were nearly 10,500 arrests in 2015 alone. In addition to these arrests, there were 37 deaths from impaired driving in 2015, which accounts for 13% of Utah’s traffic-related fatalities. It’s not unusual for the DUI arrest to be the tip of the iceberg when it comes to the consequences someone will face for driving under the influence of drugs or alcohol. On average, the total of the fines and fees will be around $2,500. This doesn’t include longer-term effects of DUI such as higher insurance premiums, which, along with other expenses pushes the costs to well over $10,000. And even first time offenders in Utah are likely to be required to pay for and use an ignition interlock device on any vehicle that is registered to them. After all those penalties and fines are paid, you may also face the very real possibility of job loss. Of course, there are a number of factors at play in any one situation, and each situation is different, based on the type of job you have, and the terms of your employment with your company. Your Employment Contract If you have an employment contract that specifies a mandatory firing policy for DUI arrest, then yes, you can lose your job […]

Should First Time DUI Offenders Get an IID?

Utah DUI violations, even for a first offense, can include hefty penalties; jail time, license suspension, monetary fines or the implementation of an Interlock Ignition Device (IID). If you blow over a .16, all of these penalties are on the table depending on the circumstances of the first-time DUI charge. IIDs in particular are a rather invasive intervention that might in many cases be unnecessary for a first-time DUI offender. If you’re facing a DUI charge in Utah, you don’t have to fight it alone. Kelly Cardon & Associates has been working in DUI defense for more than 25 years. Our knowledgeable team and our expertise in handling DUI charges can help to turn your DUI case in your favor. Before calling our office in Ogden, UT, learn more about whether first-time DUI offenders should have to install IIDs. What is An IID? An IID is a periodic monitoring device installed onto motor vehicles that can prevent the vehicle from starting when it detects a high enough blood alcohol content (BAC). The device measures breath alcohol concentration with a built-in breathalyzer unit. Drivers with IIDs are required to blow into the unit before starting their car, and then to do occasional tests while driving. If for some reason a driver fails the test while driving, the device allows enough time to safely pull off the road before shutting down the engine. For first-time DUI offenders who receive an IID sanction, the system is installed for 18 months. The offender is responsible for paying for the installation and the monthly upkeep of the device. Any attempt at manipulating an IID will lead to severe legal repercussions, so even if the system invites certain trickery or loopholes, […]

Understanding Utah Law: Marijuana vs. Opiates

Utah is notorious for its strict, zero-tolerance approach to the use of marijuana and other drugs like opiates. These laws have only become more complicated since the legalization of marijuana in neighboring Colorado. Whether you’re caught driving in Utah with traces of legal marijuana consumed in Colorado, or with traces of legally prescribed opiates in Utah, you’re subject to serious legal repercussions. As such, it’s more important than ever to do your research and make sure you have a strong understanding of these laws in Utah so that you can keep yourself safe and out of legal trouble. If you’re facing marijuana or opiate charges, you don’t have to fight them alone. Kelly Cardon & Associates has been working in criminal defense for more than 25 years. With our knowledgeable team and our experience working in criminal defense, we can help to turn your case in your favor. Before calling our office in Ogden, Utah, learn more about the different laws surrounding marijuana and opiates. Marijuana vs. Opiates in Utah? While there’s zero tolerance for the distribution and consumption of marijuana in Utah, there are a number of legal and prescribable opiates. Some common prescription opiates include: codeine, hydrocodone, oxycodone, and morphine. While these prescription drugs are legal to consume when they’re prescribed to you (and used as per your doctor’s instructions), there are some legal risks to consider. First, even if you’re prescribed a type of opiate, you can still be charged for a DUI if you’re operating a bike or vehicle, there are metabolite traces in your system and they can show impairment due to the opiates. This is particularly tricky considering that the effects of a prescribed drug can wear off before […]

How Self-Driving Cars can Impact DUIs

We have been obsessed with self-driving cars in science fiction stories for decades. The ability to read a book or use your laptop or mobile phone while the car drives itself is an attractive idea, but what about the impact they could have on drunk driving? This is obviously a novel concept that could allow us to make it home safely after a party, but how far off is this from becoming reality? Drunk driving claims thousands of lives, injures more every year and many more are convicted of a DUI. Many people have taken to the idea of self-driving cars as a potential way to lessen these statistics. However, despite the promise of self-driving cars, they are not quite there yet. At Kelly Cardon & Associates, we strive to help make Utah’s roads safer. While we can help you build a strong defense if you are charged with a DUI, the best way to avoid one is to not drive while intoxicated. Call us or refer a loved one for a consultation on DUI defense. Today’s Self-Driving Cars Today’s self-driving cars aren’t quite ready to hit the open road commercially, yet. Although, Google and other companies claim to be only a few years away from this. There are several states that have passed legislation allowing self-driving cars on their roads. California, for example, requires there to be a licensed driver in the vehicle at all times in order for it to be legal. While there have been surprisingly few accidents with self-driving cars, the legislation mandates a licensed driver in case of an emergency where it would have to be driven manually. If the occupant of the self-driving car were to be intoxicated, in […]

How Lyft and Uber are Fighting DUIs

When you leave the bar too intoxicated to drive, often times we call a close friend or a taxi to give us a ride home. No doubt there is no shortage of alternative choices when it comes to drunk driving, but ridesharing companies like Uber and Lyft have given us even more options. Here at the law offices of Kelly Cardon & Associates, we are well versed in DUI defense law. With more than 25 years of experience, not only do we have the expertise to help your DUI defense, but we have the resources as well. While we may defend against DUI charges,  it will always be far safer to avoid driving while intoxicated. Ridesharing companies provide another alternative to drunk driving. More Options, Less Drunk Drivers One thing we know for sure is the more options we give people, the less drunk drivers there will be on the road. With Uber and Lyft having made their way to Utah, we hope to see a sharp decline in the number of DUI charges every year. The Beehive state has already taken a number of steps to help curb the DUI issue in the state, and ridesharing can only help to lower these numbers. Utah is one of the leading states when it comes to the fight to end drunk driving. The state passed an ignition interlock law in 2006 and soon saw a major drop in the number of DUIs and DUI-related deaths. Now that ridesharing has caught on, these additional options can only help to improve the safety of our roads. In fact, Mothers Against Drunk Driving (MADD) issued a release in early 2015 that showed exactly how effective these companies have become […]