KSL news reported that in Provo today a serious accident took place just past the Provo Center Street exit on I-15.  Witnesses say they saw a Toyota Corolla moving unsteadily in the center south-bound lane when all of the sudden it crossed over into the right lane and hit a Pontiac Grand Prix.  Troopers arrested a 58 year-old woman on the suspicion of DUI.

Being arrested in Utah for driving under the influence can result in serious penalties.  It is not against the law to drive with alcohol in your system.  It is only against the law to operate a motor vehicle when you are either over the legal limit (.08), OR you are incapable of operating your motor vehicle in a safe manner.

Unless you have an interlock devise on your car, it is impossible to know whether you are really over the legal limit or not.  Because of this uncertainty, many people drive having alcohol in their system believing they can still operate their vehicle in a safe manner.  This happened recently to state Senate majority leader Sheldon Killpack, who was arrested on a DUI charge.   He probably believed he was under the legal limit and could safely operate his vehicle.  He very well could have been under the limit, and could have been capable of safely operating his motor vehicle notwithstanding he had some alcohol to drink prior to getting into his vehicle.

Unfortunately, often times when law enforcement stops a driver and smells alcohol on their breath they immediately rush to judgment and conclude that the driver is drunk and cannot safely operate their motor vehicle.  With this pre-judgment, the officer then begins conducting field sobriety tests, looking through the guilt-lenses instead of the presumption-of-innocence lenses.  When this happens, the officer can tailor his/her police report to support the conclusion they have already drawn on the suspect, noting all sorts of “clues of impairment.”

If you have found yourself charged with Driving Under the Influence (DUI) it is important that you have a knowledgeable Utah criminal defense attorney who knows how to thoroughly cross examine law enforcement to ensure that they are not exaggerating the police reports, putting down “clues of impairment” that are no more than simple signs of lack of coordination, or signs of a knee or back injury, or even nervousness in doing the field sobriety tests.  Sean B. Druyon is an attorney that fully understands DUI laws and can clearly explain how to beat them with you.  Sean Druyon, of Druyon Law Offices, has years of experience and has skillfully represented hundreds of clients charged with DUI.  To get your free consultation today call him at (801) 397-2223.

Many people ask me whether they can obtain a deal wherein the DUI charge they are faced with will not be a part of their permanent record.  My answer, of course, is YES!  Apart from taking the matter to trial and prevailing, there are several ways in which a person can enter a plea bargain where the matter will not be a part of their permanent record if they stay out of trouble for a period of time and jump through a few hoops in order to get this sweet deal.

A plea in abeyance is just the right tool:  a plea in abeyance is when a defendant accepts responsibility for his/her actions and, as a result, the prosecutor agrees to recommend that the court hold the plea in an abeyance period, which basically means that it will not be entered on his/her record unless that person screws up on probation. The probation is typically court-probation, also known as “good behavior” probation.  The terms of this agreement are negotiable.

On a DUI case, a plea in abeyance can save one’s license from being suspended, and can avoid minimum jail time and even other negative collateral consequences such as the installation of an interlock device and supervised probation.

It is true, however, that pleas in abeyance for DUI charges were outlawed in 2008 by the legislature.  Utah Code 77-2a-3 states:

Manner of entry of plea — Powers of court.
(1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be done in full compliance with the provisions of Rule 11, Utah Rules of Criminal Procedure.
(b) In cases charging offenses for which bail may be forfeited, a plea in abeyance agreement may be entered into without a personal appearance before a magistrate.
(2) A plea in abeyance agreement may provide that the court may, upon finding that the defendant has successfully completed the terms of the agreement:
(a) reduce the degree of the offense and enter judgment of conviction and impose sentence for a lower degree of offense; or
(b) allow withdrawal of defendant’s plea and order the dismissal of the case.
(3) Upon finding that a defendant has successfully completed the terms of a plea in abeyance agreement, the court may reduce the degree of the offense or dismiss the case only as provided in the plea in abeyance agreement or as agreed to by all parties. Upon sentencing a defendant for any lesser offense pursuant to a plea in abeyance agreement, the court may not invoke Section 76-3-402 to further reduce the degree of the offense.
(4) The court may require the Department of Corrections to assist in the administration of the plea in abeyance agreement as if the defendant were on probation to the court under Section 77-18-1.
(5) The terms of a plea in abeyance agreement may include:
(a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in the same manner as if paid as a fine for a criminal conviction under Section 78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, and which may not exceed in amount the maximum fine and surcharge which could have been imposed upon conviction and sentencing for the same offense;
(b) an order that the defendant pay restitution to the victims of the defendant’s actions as provided in Title 77, Chapter 38a, Crime Victims Restitution Act;
(c) an order that the defendant pay the costs of any remedial or rehabilitative program required by the terms of the agreement; and
(d) an order that the defendant comply with any other conditions which could have been imposed as conditions of probation upon conviction and sentencing for the same offense.
(6) A court may not hold a plea in abeyance without the consent of both the prosecuting attorney and the defendant. A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
(7) No plea may be held in abeyance in any case involving a sexual offense against a victim who is under the age of 14.
(8) Beginning on July 1, 2008, no plea may be held in abeyance in any case involving a driving under the influence violation under Section 41-6a-502.

A good attorney will be able to structure a deal so as to not violate this section of the Utah Code by reclassifying the charge to a non-DUI offense.   I have done this many times and, although the prosecutor is typically not going to jump up and down at the idea of giving a defendant this good of a deal, if they are convinced that there are evidentiary problems with their case, or that there is a REASONABLE LIKELIHOOD THAT A PROPOSED SUPRESSION MOTION WILL SUCCEED, then they are much more likely to “get creative” with reclassifying than they normally would.  If you or a loved one has found yourself stuck in a DUI charge, call an experienced Utah DUI attorney at 801-397-2223 today to set up your free, no obligation consultation.