Common DUI Defenses in Utah

DUI’s can be a disastrous charge to have on your record. A DUI charge can prevent you from attaining steady employment, affect your transportation, and even damage your reputation. While many DUI’s are difficult to fight in a court of law, there are some common defenses you can use to fight your criminal charge.

Here at Kelly Cardon & Associates, we are well versed in DUI defense. As Utah’s most trusted criminal defense law office, we can help you build a strong defense against your DUI charge and help you reach a fair solution. When it comes to DUI defenses, there are affirmative defenses and common defenses. Both have been used to fight and beat DUI charges in the past. Let us fill you in on these common DUI defenses and how to beat a DUI in Utah before you begin your legal battle.

Affirmative Defense

When fighting a DUI, an affirmative defense against the charge is likely your best option at beating it. When an affirmative defense is proven by the defendant, it weakens the charge against you. While effective, affirmative defenses are rare. For example, if you can prove to the court that you were driving while under the influence to prevent a greater evil, then your DUI defense is affirmative.

Additionally, if you can prove that the law enforcement officer engaged in entrapment in order to get you behind the wheel of your vehicle in order to arrest you, then you have presented an affirmative defense. Similarly, if you can prove that someone had spiked your drink and that you were unknowingly intoxicated, the court will likely view your DUI defense as affirmative.

Common Defense

While affirmative DUI defenses are your best bet at beating a DUI charge, there are many effective common defenses as well. One of the most well known, and most used, defenses against DUI charges is an improper stop. This is essentially when you make the claim to the court that the officer in question lacked probable cause to pull you over.

Another common DUI defense is in regards to the administration and accuracy of the sobriety field test. There have been many instances where the field sobriety test was administered improperly or where the breathalyzer device was calibrated incorrectly.

A similar defense to this is in regards to the chain of custody for blood tests. These tests must be administered by a professional and the vial of blood must follow very specific steps in order to be accepted in the court of law. If you believe your blood work has been tampered with and you have evidence of the fact, then your odds of beating your DUI charge are increased.

How We Can Help

If you have been charged with a DUI and you feel you have a sound argument against this charge, we can help you beat your DUI charge. You can contact our Ogden, Utah office here or call us at 801.627.1110 if you’re in Northern Utah or 801.328.1110 if you’re in the greater Salt Lake City.