Ignacio, CO DUI and DWAI Law Firms & Lawyers

Of course they do not need a test to go to trial on a DUI/DWAI case. You can object to "destruction of evidence" but it is pretty technical argument and you really need a lawyer. If you qualify - have the public defender represent you. if you don't, find a knowledgeabel DUI lawyer to take on that issue for you. It will be worth the money you spend, I suspect. Having a med card won't help with the DUI, nor open container.

A "personal" rule of thumb is that the police and/or D.A. can charge someone with anything. Whether or not they can prove the charges beyond a reasonable doubt is to be seen.

There are a number of factors that can effect the total cost of a first offense DUI. I have listed below, the sanctions for a driver, above 21 years of age. Hope this helps. The Utah Driver License Division and the Utah Courts will impose sanctions on a person for being arrested and/or convicted of driving under the influence. The Utah Driver License Division may impose sanctions based on the person's arrest. Additionally, the Utah Driver License Division will impose sanctions upon conviction. If convicted, Utah Courts will order mandatory sanctions. Additionally, there are a number of sanctions the Utah Courts may order. Listed below, are the sanctions the Utah Driver License Division and Utah Courts will impose. *Crime:* Class B misdemeanor driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration. *(See, Utah Code Ann. 41-6a-502 and Utah Code Ann. **?** 41-6a-503(1)(a))* * * *Imprisonment: *Utah Courts may impose a jail sentence for up 6 months, but not less than, 48 consecutive hours. However, as an alternative to jail, the Utah Courts may order compensatory work service for not less than 48 hours; or require participation in home confinement through the use of *electronic monitoring*[1] . *(See, Utah Code Ann. **?**41-6a-505(1)(a)(i)(A), Utah Code Ann. **?**41-6a-505(1)(a)(i)(B), Utah Code Ann. **?41-6a-505(1)(a)(i)(c) and Utah Code Ann. ?76-3-204(2))* * * *Fine: *Utah Courts may order a fine of up to $1,000.00, but not less than $700.00. *(See,** Utah Code Ann. ?**41-6a-505(1)(a)(v) and Utah Code Ann. ** ?76-3-301(1)(d)**) * * * *Probation: *Utah Courts may order *supervised probation* [2] . *(Utah Code Ann. **?**41-6a-505(1)(b)(ii))* * * *Treatment: *Utah Courts must order participation in a *screening*[3]. And, an *assessment* [4] if found to be appropriate by the screening. The Utah Courts may order *substance abuse treatment* [5]if the *substance abuse treatment program* [6] determines that substance abuse treatment is appropriate. *(See, Utah Code Ann. **?**41-6a-505(1)(a)(ii), Utah Code Ann. **?**41-6a-505(1)(a)(iii), Utah Code Ann. **?**41-6a-505(1)(b)(i) and Utah Code Ann. **?**41-6a-505(1)(b)(ii))* *Education: *Utah Courts must order participation in an *educational series * [7] if the Court does not order substance abuse treatment. *(See, Utah Code Ann. **?**41-6a-505(1)(a)(iv))* * * *Driver License Suspension: *The Utah Driver License Division and/or the Utah Courts will revoke the person?s license or permit to operate a motor vehicle *Utah Driver License Division*: If no request for a hearing is made to the Utah Driver License Division, the Utah Driver License Division will suspend the person?s license or permit to operate a motor vehicle in Utah for 120 days beginning on the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(i)(A) and Utah Code Ann. **?** 53-3-223(7)(a)(i)(A))* * *If, after a hearing, the Utah Driver License Division determines that the police officer had reasonable grounds to believe that the person was driving a motor vehicle in violation of Utah Code Ann. 41-6a-502, the Utah Driver License Division will suspend the person?s license or permit to operate a motor vehicle in Utah for 120 days beginning on the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(i)(A) and Utah Code Ann. **?**53-3-233(7)(a)(i)(A)* If the person fails to appear, on the date of the hearing, at the Utah Driver License Division, the Utah Driver License Division will revoke the person?s license or permit to operate a motor vehicle in Utah for 120 days beginning of the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(i)(A) and Utah Code Ann. **?** 53-3-223(7)(a)(i)(a))* * *Upon receiving notice of conviction the Utah Driver License Division will deny, suspend or disqualify the p