Is Hiring A Competent DUI Attorney Crucial For My Case?
In most cases, a DUI attorney is specially trained into looking at the science behind how they came up with the test, whether it’s blood or drugs; whatever they’re using against the driver, and they’ve been trained to analyze that and pull it apart. The first thing they’ll want to look for is whether there are any legal defenses; any legal reasons why the case should be thrown out, and that can have to do with the stop, the arrest, the field sobriety tests or even the reason for expanding the scope of the stop.
All of those can be legal reasons to have the case thrown out. If the DUI attorney doesn’t have that, then they’re going to look closer at the number, the blood, the breath or the urine, whatever they have and they’ll make sure that they were properly obtained, meaning that the blood draw was a good blood draw or the breath test machine was working properly.
If they analyzed blood, the attorney will look for a reason to have that number thrown out on some kind of technicality, such as the instrument wasn’t calibrated properly, the person who drew the blood was not certified; that’s kind of the next layer because if they don’t have that, their focus will shift to plea bargaining, getting the DUI reduced down to something less. In most cases, if the DUI is reduced to an impaired driving or reckless driving, the potential consequences can be greatly reduced. When they’re reduced in the out-of-state case that means they likely won’t transfer to the home state and include those restrictions. It’s very important to handle the out-of-state the best you can with the best defense possible to minimize the impact in the home state.
What Might Happen If Someone Doesn’t Retain A Competent Attorney For Their Out-of-State DUI?
If they didn’t hire a DUI attorney for their out-of-state case, they could end up in jail and have their license suspended for a long period of time, and a lot of sanctions and restrictions imposed by the other court can transfer to their home state without them even knowing. It’s important to hire a DUI attorney so they can minimize the impact of all of those potential consequences because in most cases, those consequences will travel to their home state.
How Do I Know if My Attorney Can Actually Handle an Out of State DUI Case?
One of the first questions you should ask is where they are licensed and if they can handle the case for you, and if they’re not licensed in that state, find out if they’re able to find someone to work with in the out-of-state case to help. I recently had this come up in one of my cases; a young lady had received a DUI in Idaho and she came to me for help because she’s familiar with my work; while I am not licensed in Idaho, I have some connections there, so I contacted one of them and we worked together to get the Idaho DUI reduced down to minimize any consequences, and none of the consequences transferred to Utah.
How Can Someone with a Prior Out-of-State DUI be Expected to Adhere to Local Laws?
The person who just moved here from out of state should contact a DUI attorney at once and have them review the court order, the probation and the sentence imposed so they can be assured they’re not violating any of Utah’s laws, or violating the terms of the out-of-state court’s probation. Even if it is an older case, absolutely it’s important to take a look at that.
Is There a Look Back Period for Someone With an Out-of-State DUI to Be Considered a First Time DUI Again?
Utah uses a look-back period of 10 years, so if someone comes here with a prior out-of-state DUI and they were to get another DUI here, the prosecution in Utah will likely pull the record from the other state and if it happened within the last 10 years, they will try and use it to enhance the in-state DUI to make it more serious so that he can ask the court to impose more penalties.
For more information on Hiring An Attorney, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (801) 477-5009 today.