When it comes to DUI in Utah, third time’s definitely not a charm. If this happens to be your third conviction for this violation in 10 years, you’d be charge with a 3rd Degree Felony and essentially face stiffer penalties.
Other than heftier fees involved, you’re guaranteed to go to the prison if you’re found guilty. Unlike your first two convictions, there’s no option for community service this time around. This means you’d be incarcerated for at least 62 and a half days.
In addition, you’re be required to submit a DNA sample that would never be erase in the law enforcement database. This would may cause serious problems in the future, especially in terms of seeking employment and securing low auto insurance rates.
By all means, you want to avoid a third DUI conviction in the Beehive State. If you’re asked to pull over (whether you really had a drink or not), strictly follow these tips to keep matters from getting worse:
Don’t Confess Anything
No matter how casual or friendly the officer may be, legal professional Matthew P Jube – Attorney at Law notes that it’s important to never engage in a question and answer portion with your arresting officer. Unless you’re just being asked of your basic information, like your complete name, age, and current address, but if the law enforcer asks if you had a drink, politely refuse to answer that question, or other similar inquiries, without a lawyer. Regardless of how careful you are, traffic officers are adept at fishing information. So it’s better to keep your mouth shut.
Decline a Field Sobriety Test
Any experienced felony attorney in Provo, Sandy, West Jordan or Salt Lake City would tell you that you have no legal obligation to undergo field sobriety tests. More often than not, performing badly on them would only give the officer probable cause to arrest you. Even if you’re absolutely sober or confidently coordinated, you might still fail because all field sobriety tests are not 100% reliable.
Take Any Chemical Test
If you refuse to answer questions and take any field sobriety tests, the officer might still place you under arrest, and then ask you to take a single or a series of chemical tests.
Even if the your urine or blood proves you have more than enough alcohol in your system at the time you’re driving, your lawyer might have a stronger chance to defend your case if you have not admitted anything and decline to take any field sobriety test.
A DUI case is always tricky, but never unbeatable. While you might not stop the officer from arresting you, the least you could do is to give law enforcement more pieces of evidence that can be used to convict you.