DUI Court: Requirements and Benefits

The DUI Court is similar to Drug Court which a lot of other jurisdictions have and its sort of a form of probation. In drug court however the ultimate result is a dismissal of the charges so it functions like a plea in abeyance. DUI Court unfortunately just results in a one step reduction of the charge, and its for third DUIs which are charged as a third degree felony. So what that means is that after a year in DUI court and going through the treatment and testing etc.. the individual ends up with a class A misdemeanor.

Weber County Attorney and DUI Court

If you are facing a third DUI in Weber County then you should contact us for help in understanding the DUI Court process and the possible benefits it could provide to you.

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There are two kinds of drunk driving in Utah, the traditional DUI and DUI Metabolite

One of the most common offenses in the criminal justice system is drunk driving, or DUI (driving under the influence). While a DUI is normally associated with alcohol it also includes controlled substances, meaning if an individual is pulled over and is driving impaired while under the influence of heroin they can also be charged with a DUI. There are two kinds of DUI in Utah and there is a sufficient amount of overlap between the two charges meaning some cases could be charged as either of the two.

The Traditional DUI

The first kind of DUI is the classic version that most people are aware of, which includes drunk driving. For the prosecutor to be able to get a conviction on a DUI case they must prove that an individual was (1) in actual physical control of a vehicle and, (2) has a blood alcohol concentration (BAC) level of .08 or greater. If there wasn’t a BAC test conducted or if it comes in under .08 there is still a way an individual can be convicted if the prosecutor can show that the individual was under the influence of alcohol, drugs, or a combination of both, to a degree that makes the individual incapable of safely operating a vehicle.

The Other DUI – DUI Metabolite

The second kind of DUI is called DUI Metabolite. For a prosecutor to be able to get a conviction under this kind of DUI they must prove that an individual was in actual physical control of a vehicle and they had a measurable controlled substance in their body. So instead of a breathalyzer or intoxilyzer test in metabolite cases a blood or urine test is usually conducted. The biggest differences between metabolite and regular dui is that metabolite does not apply to alcohol and doesn’t require impairment.

Ogden DUI Attorney

The DUI laws in Utah are some of the most complicated criminal law on the books, and that is why you need an experienced criminal defense attorney on your side to help you out. At Ogden Criminal Defense we can help you understand your case and help protect your rights, so call or email us today to find out how we can help.

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1. Waiver of Rights

Before agreeing to plead guilty to anything, you should be aware that by pleading guilty you are waiving all of your trial rights including trial by jury, right to confront your witnesses, etc. Often the judge in your case will read you the rights you are waiving or have you sign a written waiver form. You never have to take a plea bargain, you always have the right to trial.

2. Voluntary and Intelligent

If you will be pleading guilty, you must enter your plea voluntarily and intelligently. This means you should not enter your plea under coercion or duress and you must understand the nature of the charges against you. You should be fully aware of the elements necessary to prove the charges against you and the possible maximum penalty and any mandatory minimum penalties. A guilty plea is not involuntary merely because it was entered in response to the prosecution’s threats of more serious charges or other potential penalties. But, if a third party is promising you things in return for plea of guilty, or threatening you with harm if you don’t plead guilty, you should seek legal counsel and not enter a guilty plea.

3. Judge Not Bound

A plea bargain will be enforced against the prosecutor and the defendant but not against the judge. This is a crucial principle to understand. Even though the prosecutor may have agreed not to recommend jail time as part of the plea agreement, the judge may not be bound to follow the agreement. Ultimately, the judge could impose a harsher sentence against a Defendant despite contrary terms in the plea agreement. This is seldom the case but always a risk and something every defendant should be made aware of.

4. Having Counsel

Before accepting any plea agreement, everyone should first seek advice from an attorney on the potential terms of the agreement. This can help avoid pitfalls and ensure you fully understand what you are agreeing to. To speak with an Ogden Criminal Defense Lawyer at our office today, call 801-823-1200. We can review your potential plea agreement and assist in making sure you fully understand the process, your rights, and other implications.

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