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DUI Arrests Can Be Subjective

The goal of America’s criminal justice system is to maintain peace and order in the United States through an objective and fair prosecution process. Unfortunately, some criminal acts are more subjective than others, and this can lead to subjective driving under the influence (DUI) arrests.

The Subjectivity of DUI Arrests

Most people assume that officers can arrest drivers for DUIs only if their blood alcohol contents (BACs) are at or over 0.05%. Unfortunately, this is a significant misconception.

Utah police officers can arrest drivers for DUI regardless of their BACs as long as they establish probable cause. This reality is due to Utah’s definition of DUI.

Utah law defines driving under the influence as someone driving while generally, “ under the influence of alcohol (..) to a degree that renders the person incapable of safely operating a vehicle.”

Based on this definition, an officer can arrest a Utah citizen for DUI based on his or her seeming “incapability” to operating a vehicle safely due to the influence of alcohol.

In short, this definition means officers can make DUI arrests based on the following “evidence”:

  • The driver smells of alcohol;
  • The driver is driving recklessly;
  • The driver’s speech is slurred;
  • The driver cannot “pass” field sobriety tests;
  • The driver has difficulty concentrating on the officer.

As you can see, DUI arrests are more subjective than many realize. However, if you or a loved one is arrested for DUI, you do have options.

Arrested for DUI?

Lokken & Associates is an award-winning Salt Lake City criminal defense firm that gets results for its clients. If you want criminal representation that doesn’t back down, you want Lokken & Associates for your case.

Call (801) 829-9783 now for a free consultation for your case.

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