Salt Lake City DUI Lawyer & Attorney : Glen Neeley : Serving Davis County, Ogden, Brigham City, Logan

Most, if not all, of my clients ask me when they come in for a consultation, "if my driver's license gets suspended, can I get a work permit?" 

Answer:  No, not in Utah.

The Department of Motor Vehicles will not issue a work permit.  I have only seen one in my years of practicing law and the client was not supposed to get it.  It was rare.  It was a mistake on the part of the DMV and the license suspension was not related to a DUI.

Utah's Law:  Utah has no provisions for a work permit.  My friends in Texas can get a "needs necessity license" that allows people to go to and from work and to conduct visitation with children.  Utah has no such license.  If your license gets revoked or suspended, and you get caught driving on that suspension, you not only face more criminal charges, but the DMV will extend the suspension.

Alternate Transportation:  My advice is to find alternate transportation.  I know what you are thinking, "the bus doesn't work for me."  Do some creative thinking.  If I was in high school and had no money, I would have been happy to drive someone around for a small cost.  Hire a driver.  Find someone who has no job, but has a driver's license.  Put them to work.  That way, there is no risk for you on the suspension Issue.

• Print This Article
• Comments
• Trackbacks

Utah had the biggest increase of alcohol-related deaths in 2006 and the UHP doesn't like that.  The UHP blames it on misleading statistics.  Imagine that, the statistics are misleading. 

"But before there is a public outcry, Utah Highway Patrol trooper Preston Raban said Utahns should know the statistics are a bit misleading."

Consider the following:

• Whether alcohol caused the accident or not, if alcohol is smelled, it is reported as "alcohol related fatality."
• If the person who was at fault in the accident was not impaired by alcohol in any way, but the other person smelled of alcohol, it is considered a "alcohol related fatality."

• Print This Article
• Comments
• Trackbacks

The Courts in Florida are recognizing the fact that the breath test machines are not as accurate as everyone wants you to believe.  In fact, the way you breath, or how long you breath into the machine, can determine a high or a low test.  The machine only requires 1.1 liter of breath to qualify to give a result.  So what happens if the person puts 2 liters, or 3 liters of breath into the machine.  It makes sense that your result will double and triple.  This is not uncommon.   

The judge in Florida stated, "Rules that permit a test operator to have the subject blow into the machine as long as he, in his undirected discretion wishes ... is insufficient to create a scientifically reliable test."

• Print This Article
• Comments
• Trackbacks

On August 12, 2007, I wrote a little bit about the Source Code that the manufacturer is refusing to let anyone see.   A Defendant has a right to see and challenge the evidence against him or her.   This issue is being heavily litigated in Florida.  Apparently, CMI Inc., the manufacturer, said we are not providing the source code and we are going to disobey a court order to produce the source code.  Click this link to see the order.

The highlight of the order is that CMI is being fined $3200 for every day they do not comply with the order.

Makes you wonder what are they hiding.  Is their multi-million dollar company going to be exposed as convicting innocent people?  Again, it sure seems odd that people who swear up and down that they had very little to drink fail the breath test in a big way with really high numbers.

• Print This Article
• Comments
• Trackbacks

Many times, clients ask me how the intoxilyzer determines their blood alcohol content. I try to explain the mechanics of it, the theory of it, and the science of it. The problem is that the manufacturer of the machine, CMI Inc., will not release the source code of the software in the machine. For all we know, the machine generates random numbers that essentially say you are guilty. It is interesting that many people will swear up and down that they only had one or two drinks. When they take the test, they end up being way over the limit. There are some serious questions about this machine. Why would the manufacturer be afraid of releasing the source code? Their argument is that it is copyrighted. I can see that argument, but they will not release the source code even under a protective order that will prevent the code from being released to anyone else and can only be used for analysis. Maybe CMI is afraid that their conviction machine will be revealed for what it is, a box that makes them money and convicts innocent people.  This machine uses a processor like computers do.  However, it is not state of the art.  The processor is the Z80 chip.  This processor was used in the Atari that I played with 30 years ago.  Here's a story about litigation over that source code.

• What is source code and why would you want it? Breathalyzers are basically computers with blow holes, and the source code is what makes them run. That source code is what sends people to jail. The defendants in these cases simply want a good look at their accuser. As Underdahl's lawyer said, "for all we know, it's a random number generator."

• Print This Article
• Comments
• Trackbacks

    In Utah, it is illegal to drive when your blood/breath alcohol content is over a .08%. To determine how much alcohol is in your breath, the government uses three methods: a breath machine, a blood sample, or a urine sample. The most common method to test for alcohol in a person’s system is using the breath machine. Utah uses two different machines made by the same company: the Intoxilyzer 5000 and the Intoxilyzer 8000. The technicians that maintain these machines for the government used to argue that the Intoxilyzer 5000 was state of the art machine. Now, they argue that the Intoxilyzer 8000 is more accurate that other machines. Doesn’t that raise a question about the accuracy of the machines? If the 5000 was so accurate, why then is the 8000 even more accurate. Stephen Hamilton in Lubbock Texas writes about how these machines are breath test guessers. The machine is simply guessing what your alcohol content is at the time you take the test.

    Guessing! Why is the government employing a program that guesses your alcohol content and then tells the world that you or your loved one was driving while intoxicated? Everyone knows that if you give two simultaneous breath tests, one will not be the same as the other.  A breath test is an indirect measurement of what is in your blood. Why doesn't the government employ a program that takes a direct measurement of what is in your blood like a blood test in all cases?

    Maybe it is too expensive. Maybe it is too inconvenient. Maybe it would show that officers make mistakes in arresting everyone who smells like alcohol. If the government is accusing you of a crime, try to lock you up, take your license from you, and infringe substantially on your life, shouldn’t they use the most accurate means of proving your innocence or guilt instead of using a breath test guesser.

• Print This Article
• Comments
• Trackbacks

People often ask me what to look for when hiring a lawyer to defend their DUI. Generally speaking, there are six things that a person should see in a lawyer. Look for a specialist, someone who focuses on your type of case, and someone who has experienced and is trained in this area of the law. It has been said that DUI cases are the most complex type of cases because of the science and the intricate facts that surround a DUI case. That being said, if you had to have brain surgery, you would not go to a family physician. You would seek out the best surgeon you could find. Here are the five things I think a person should look for in an attorney.

Associations: The National College of DUI Defense is an association that provides the most advanced training in defending a DUI. The best attorney’s from around the nation are members of this organization and help train other attorney’s in this specialized field. Your attorney should be an active member of this organization and it will give you a good clue that the attorney knows how to properly defend a DUI. The attorney should also be a member of his local Criminal Defense Association (i.e. Utah Association of Criminal Defense Lawyers). The attorney should also be a member of the National Association of Criminal Defense Association. The attorney should also have formal training in trial work such as the Trial Lawyers College so they have not only been trained in the knowledge but also in the presentation.

Experience: Ask questions about how long the attorney has been representing citizens accused of DUIs. Ask the attorney how many trials they have done that relate to DUI. Ask the attorney about suppression hearings they have done.

Case Load: You want to determine if the attorney is just a dump truck that takes your case, takes your attorney fee, and then walks you in and says there is nothing we can do, just plead guilty. I try to keep my case load between 30 to 50 clients. It does no service to a client if the attorney is just running around on 200 cases trying to do a volume business. Try to decipher if the attorney has the time to think about your case, or just wants your money. Sometimes you can decipher this by what they charge. If the attorney charges your $500, you can expect a $500 job. To properly defend a case, be prepared for a couple of thousand.   Remember, you get what you pay for!

Practice Focus: Determine what percentage of their practice is focused on DUI. Are they a lawyer that does a run of the mill and is offering to do your bankruptcy, divorce, and personal injury case too? Look at where the attorney focuses his practice.

Accessibility: Determine whether you will be able to get a hold of your attorney. I provide my clients with all of my contact information including cell phone and email address. Most if not all clients, will receive contact back from within just a couple of hours, unless I’m in trial, then it would be the next day. 

How do You feel:  Finally, Determine how you feel about the attorney and if you trust the attorney.  Does the attorney sound like a salesman, or is he really interested in your case. Does he ask you in-depth questions about your case and answer your questions?

• Print This Article
• Comments
• Trackbacks