Michael Hepworth | Utah Litigation Attorney

https://www.hepworthlegal.com/2018/07/utah-amendment-drops-the-dui-bac-level-from-08-to-05/

A recent Utah amendment drops the DUI BAC level from .08 to .05. On March 23, 2017, the Utah Legislature approved the above-mentioned amendment to Section 41-6a-502 of the Utah Code. What does that mean? Effective December 30, 2018, the DUI blood or breath alcohol concentration (BAC) level will drop from .08 to .05 grams. Provisions (a) and (c) of section 41-6a-502 of the Utah Code will now read, “A person may not operate or be in actual physical control of a vehicle within this state if the person: (a) has sufficient alcohol in the person’s body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .05 grams or greater at the time of the test . . . or (c) has a blood or breath alcohol concentration of .05 grams or greater at the time of operation or actual physical control.”

Questions to Ask When Hiring New Attorney

A good lawyer should respect you for asking these questions. This is your life, and you have the right to know that the attorney you are about to hire has got what it takes to protect you. When you are facing a legal issue, no matter how large or small, your lawyer should be able to clearly explain to you what is happening, your defenses, and your options for settlement or trial. Hiring the first criminal defense attorney you encounter will have consequences, whether good or bad. But before you sign on the dotted line, consider asking the attorney these questions.

How experienced are you in handling DUI and criminal cases?

Lack of experience should not necessarily be enough to disqualify an attorney. After all, attorneys have to start somewhere. Generally, however, it is better to look for an attorney who has handled cases similar to yours, and this is especially true the more serious your charges are. Our law firm has multiple attorneys and paralegals that have had years of experience working many different types of cases. But, again, anyone can get "experience." What you need to consider is whether the attorney you are interviewing has the talent needed to successfully negotiate with the police, the prosecutor, or, if necessary, can deliver your defense with confidence at a trial by a jury of your peers.

Are you willing to take my case to trial?

There is “book smart” and then there is “practical experience.” An attorney may have experience with criminal law, but lack the expertise to put it into practice in an actual trial. This can be a major negotiation point between your attorney and the prosecutor. If the prosecutor knows up front that your attorney is willing, if not eager, to take your case to trial he may be more willing to work with you (and your attorney) for a favorable outcome. Having some hands-on experience can make a difference.

How much of your legal career is dedicated to criminal defense matters?

This goes hand-in-hand with experience. Someone who has merely studied criminal law, as opposed to someone who has dealt with it on a day to day basis, is going to approach a case very differently than someone who makes it part of their life. It is about more than knowing the law, it is also being able to attack the case in an efficient and effective manner.

Have you ever handled a criminal defense case such as mine?

Every attorney will learn something new at one point or another, but it is generally better if your case is not being used as someone’s classroom. Each type of criminal charge carries certain nuances, elements, and possible defenses. When selecting your attorney, you want someone who has “been there – done that” with cases such as yours.

Will you be handling my case, or will my case be handed off to a junior member of the firm?

Law firms can be busy. There are some things that junior associates, clerks, or paralegals may handle. Some firms are prone to bait and switch, lu