Test Your Defense - Twenty Questions
Test Your Defense - Twenty Questions
Police officers routinely stop cars at night, smell alcohol, and conduct a series of completely meaningless, so-called "field sobriety" tests meant to demonstrate impairment, even though the tests are often not instructed properly and scored incorrectly. Moreover, the tests themselves are designed for failure, even for the most balanced individual because they are presumed to measure two things: balance and ability to follow instructions. Yet, officers seldom, if ever, give proper instructions and even when they do, the scoring is so decidedly subjective, and perfectionist, that no one can pass. For example, there are approximately 80 mistakes that one can make on the walk and turn test, but scoring 78/80 will still result in failure! Is there any other test you can think of, where scoring a 97% will result in anything but an A+? Swaying on the on the one legged stand (OLS) will score you half way to failing, yet there is no instruction on not swaying, so you would have to be a mind-reader to succeed at this test.
Question Yes No
| Was traffic fairly busy for the time of day or night? | ||
| Did you walk on an "imaginary line" ? | ||
| Were you able to hold your leg up for 30 seconds ? | ||
| Was the officer unprofessional, or mean, threatening ? | ||
| Did the officer FAIL to check your mouth with a flashlight ? | ||
| Did the officer administer a Portable Breat Tester (PBT) in the field ? | ||
| Did the officer tell you to blow "hard" into the Intoxilyzer ? | ||
| Did the officer threaten you with jail if you did not blow ? | ||
| Did the officer stop you for a "bogus" traffic infraction ? | ||
| Was there more than one officer/police car during the tests ? | ||
| Did the officer ask you to get out of your car almost immediately ? | ||
| Did you perform the tests in poor/cold weather ? | ||
| Did you do test with boots having more than a 2 inch heel ? | ||
| Was there a passenger in the car who observed the tests ? | ||
| Is this your first DUI arrest ? | ||
| Was The Reason Given For The Stop Slight Or Petty ? | ||
| Did they take only a breath test ? | ||
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Did The Officer Keep His Rotating Red And Blue Lights On ? |
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Were other officers at the scene while you were doing the field tests ? Did the officer book you into jail rather than give you someone? |
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Scoring Your Case
If you had 2-5 "Yes" answers = Poor to fair
If you had 6-10 "Yes" answers = Good
If you had 11-15 "Yes" answers = Very Good
If you had 16+ "Yes" answers = Excellent
Too many people just give up when facing a DUI, without consulting a Utah DUI Defense Specialist. They have already been through hell and likely figure that they are not going to beat a "number" from a machine. The truth is that most DUI's especially first DUI's are either able to be reduced to a lesser charge or eliminated entirely, If the attorney is a trained DUI specialist. Utah DUI's are unlike DUI's anywhere else. Only Utah has a majority of police who believe that alcohol is evil. Only Utah uses their Intoxilyzers with a single breath test rather than two tests, performed twenty minutes apart and within .020 of each other. And only Utah will allow you to become alcohol restricted without informing you of the ramifications. If you plead guilty the judge will not go "easier" on you. If you force the case to trial the judge can not punish you more. The penalties are statutory; they are pre-set. Do not make the State's job easier for you because it has absolutely NO benefit for you.
Results that speak for themselves.
- RVTN DUI Case 07-9646787 CH/H - 35 yr old male, (APC-Trial) DUI - .197 BAC, Result: NO DUI CONVICTION - not guilty, No license suspension, no ignition interlock, Sentence: none.
- SLC - 49 yr old male, DUI - .178 BAC, Open Container, Result: NO DUI CONVICTION - No license suspension, no ignition interlock
- Holladay / Cottonwood Heights: .320 UAC, DUI, Speeding. Results: Reckless Driving, non-alcohol related, No DMV Suspension, No Ignition Interlock . . .
- Logan DUI - 33 y/o m, Felony third DUI (mandatory 62.5 d jail), RESULTS: DUI CONV. W/ 402 Reduction to Class A mis.; SENTENCE: 180 d jail w/ work release, fine, 36 mo. sup. prob., AA, MADD VIP, L. II PfL.
- SLC - 26 yr old male, DUI - .153 BAC, Speed Exhibition; Result: NO DUI CONVICTION - No license suspension, no ignition interlock
- NP - 26 yr old male, DUI - .81 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock....
- BOUNTIFUL DUI - 27 y/o f, Second DUI .245, (Mandatory 10 days jail); Sentence: DUI Conviction, Work Release/Home Monitoring, IID, 12 Mo.Sup Prob, fine, MADD.
- Murray - 25 yr old male DUI .126 BAC, Speeding; Result: Impaired Driving, No Ignition Interlock, No Supervised Probation, Speeding dismissed.
- WASATCH COUNTY DUI - 45 y/o f, Third DUI / 10 yr; charged as a felony, .135 BAC, + ETOH rest. dr., IID rest. dr.' NO FELONY DUI CONVICTION; reduced to second dui by disqualifying prior as enhancement; Sentence: 30 days ankle monitor, Sup. prob., all but DUI dismissed; MADD, PfL, fine, 12 mo. lic. sus.
- RVTN - 28 yr old male, TRIPLE DUI (Three DUI's In One Month) - #1 - Result: NO DUI CONVICTION, No license suspension, no ignition interlock
- LGN DUI Case 088492033 LGN - 45 yr old male, Two DUI's One Week Apart: DUI - .197; DUI .212 BAC, Result: Single DUI CONVICTION - no jail; Sentence: 10 Week alcohol treatment program. 90 Day license suspension, ignition interlock, 12 mo. probation.
- WEST VALLEY DUI - 37 y/o m, Second DUI, .137 BAC, single MC accid. w/ inj. (mandatory 10 days jail); RESULTS: BAC evidence suppressed, plea bargain to no jail, #2 DUI, SENTENCE: 240 h c/s, 12 mo.sup. prob., PfL, MADD VIP, fine.
- SLC - 23 yr old fm, Second DUI, .084 BAC, Set for trial; RESULT:NODUI CONVICTION; Sentence: Impaired Driving, no jail; loss of lic, ignition Interlock device, 48 hours c/s, MADD VIP.
- CLRFD - 23 yr old male, DUI - .80 BAC, Turn Signal; Result: NO DUI CONVICTION, No license suspension, no ignition interlock....
- Vernal DUI - 29 y/o m, actual physical control case, .082 BAC, second DUI, RESULT: NO DUI CONVICTION, Sentence: Reckless Driving, 48 h c/s, PfL, MADD, one yr prob, no infractions.
- Tooele DUI - 45 y/o m, DUI w/ accident, .187 BAC, Poor SFST's; RESULT: Impaired Driving; Sentence: 48 h c/s, no jail, 60 d lic sus, MADD, PfL, Assess, No Ignition Interlock, 12 mo unsup prob.
- Morgan DUI & Poss. C/S - 24 y/o m, Third poss c/s (poss felony), first DUI, metabolite; RESULT; PIA Poss c/s, NO DUI CONVICTION; Sentence: 48 h c/s, PfL, U/A's, Assess, 12 mo unsup prob.
- SALT LAKE DUI - 57 y/o m, Second DUI (Mandatory 10 d jail), .176 BAC, open container; RESULTS: NO DUI CONVICTION, evidence suppressed on de novo appeal to district court; SENTENCE: None.
- SLC - 24 yr old female, speeding/DUI - .110 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock.....
- Summit County DUI - .125 BAC, stopped for speeding, No DUI Conviction, No DMV license suspension, no ignition interlock . . .
- CH/H - 28 yr old male, speeding/DUI - .370 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock.....
- WDVR - 46 yr old male, DUI - .190 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock....
- SC - 39 yr old male, (Trial) DUI - .000 BAC, Result: NO DUI CONVICTION - No license suspension, no ignition interlock
- HEBER DUI - 41 y/o m, Third DUI, Felony, single car accident, al. rest. dr, IID rest., 164 BAC, actual physical control case; RESULTS: NO FELONY DUI CONVICTION W/ 402 REDUCTION TO CLASS A; Sentence: 60 d jail w/ work release, 36 m., Sup. Prob., fine, MADD, PfL, IID, only 120 d. lic. susp.
- GRNTSVLE DUI - 42 y/o fm, Second DUI, .248 BAC, RESULT: DUI CONVICTION; Sentence: No Jail, 48 h c/s, sup probation, MADD VIP, Interlock, Lic Sus.