Should I have a lawyer for court regarding a DUI?
Question Details:
I recieved a DUI after the club. Had a safe plan in place to get a ride home with a friend I do not drive drunk. However a cop said the rear of my car was parked in a red zone and told me to move it. I waited about 15 minutes. went out no one around moved my car to another spot. The cop showed up as I was getting out of my car. I passed field sobriety tests and then he had me blow I blew .089 then about 2 mins later a .075. He gave me a DUI. What can a lawyer do for me?
First, you have a breath alcohol reading below .08, which is usually the per se limit. That said, in Utah, you are not impaired.
Second, there does not seem to be any reasonable suspicion to pull you over. A motion to suppress could exclude all the evidence against your. In which case you will not get convicted of a DUI.
Third, assuming there was reasonable suspicion to stop you, there does not seem to be probable cause to arrest you. Especially if you passed the field sobrity tests. Once again a motion to suppress could exclude all the evidence against you. In which case you will not get convicted of a DUI.
There are also some interesting facts. Specifically, the officer told you to move the vehicle. It appears that he gave you a lawful order. Seems strange that he would tell you to move the vehcile if he felt you were under the influence. Unless you committed some traffic infraction after you moved the vehicle he had no business stopping you.
There are pleanty of reasons to at least consult a lawyer on this one. Hope this helps.
