DUI

Bugden & Isaacson, LLC, provides quality defense representation for individuals charged with crimes throughout the state of Utah. We have a particular wealth of experience representing clients who have been charged with drunk driving or driving under the influence (DUI). Our attorneys have successfully assisted clients in both criminal and administrative proceedings arising out of a drunk-driving arrest.

Under the Utah code, a DUI is defined as operating or being in actual physical control of an automobile while having a blood alcohol concentration of .08 grams or more, or while under the influence of alcohol or drugs to the extent that it renders the person incapable of safely operating a vehicle.

An arrest for DUI can have serious consequences. In 2009, penalties for first-time DUI offenders dramatically increased. Typically, a first offense results in a license suspension of 120 days. For a second or third offense, the license suspension will be in effect for two years. Also, a person convicted of DUI must have an ignition interlock device installed on his or her vehicle. Usually, anyone convicted of a DUI will be ordered to participate in mandatory alcohol education and treatment or assessment. Furthermore, any conviction for DUI can result in costly fines and jail time.

At Bugden & Isaacson, we understand what is at stake when you have been charged with a DUI. We can employ many legal tactics to fight your case, or to obtain a favorable plea agreement if you wish to make a plea.

Mr. Bugden and Ms. Isaacson attended a training course in January of 2012 and became certified to administer standardized field sobriety tests. This knowledge helps them to effectively cross-examine officers in DUI cases.

Ms. Isaacson has won acquittals in 6 DUI jury trials since 2009.

Mr. Bugden represented a client involved in a single car accident on the freeway. A beer can fell out of the overturned car during the investigation. The client blew .12 on the Intoxilyzer. Mr. Bugden successfully argued to the judge that the field sobriety tests were improperly administered and were not reliable. The DUI charge was dismissed.

Ms. Isaacson won a driver’s license hearing on a refusal case. The client faced a 36 month suspension due to a prior offense. She successfully argued that there was insufficient evidence to arrest her client, despite a citizen witness who claimed that her client was driving erratically. Ms. Isaacson demonstrated that the arresting officer did not perform the field sobriety tests according to national standards.

Ms. Isaacson represented a client before the Driver License Division. The client refused to take a chemical test and faced losing her license for 18 months. The client did not lose her license after Ms. Isaacson successfully argued that the evidence was insufficient to support her arrest.

Ms. Isaacson obtained a complete dismissal of a DUI involving a refusal and a blood test of .09 after the officer obtained a warrant. Ms. Isaacson persuaded the driver’s license division not to revoke her client’s license for 18 months. She then persuaded a Third District Court Judge to suppress the evidence after the Judge concluded that there was insufficient evidence for probable cause. The case also involved issues related to the client’s diabetic condition. No action was taken against the drivers’ license and the DUI was dismissed completely.

Mr. Bugden won a driver’s license division hearing after the driver was stopped for making a wide turn and speeding. Although the officer testified that the driver did not do well on the field sobriety tests, the cross examination showed the officer did not follow protocol for administering sobriety tests. Mr. Bugden also got the officer to admit that he failed to examine the driver’s mouth before administering the Intoxilyzer. The driver kept her license.

Mr. Bugden won a driver’s license hearing and had the DUI dismissed when a driver was stopped at a roadblock. The driver failed field sobriety tests and tested positive for the presence of marijuana in her blood. But Mr. Bugden persuaded the chief of the police department that a mistake had been made in the chain of custody of the driver’s blood sample and the case was dismissed.

Mr. Bugden won a driver’s license hearing for a driver stopped for speeding 96 mph on the freeway. The driver failed all of field sobriety tests and blew a .181 on the Intoxilyzer. Mr. Bugden persuaded the administrative review panel that the driver was illegally arrested because the driver told the trooper before the field sobriety test, that he had suffered a torn ACL and needed surgery. The administrative review panel agreed that the tests were not reliable indicators of impairment because of the injury.

Mr. Bugden convinced a judge that a driver pulling from the private parking lot onto a street did not violate any traffic laws by failing to signal upon entering the roadway. The judge agreed that the stop was illegal. The .179 breath test was thrown out, and the case was dismissed.

Ms. Isaacson was able to get a .13 breath test DUI case dismissed in Salt Lake City. She successfully challenged the evidence in support of her client’s arrest. She argued that her client’s medical problems compromised the reliability of the field sobriety tests. A judge in the Third District Court threw out the breath test and the case was completely dismissed.

Ms. Isaacson represented a client charged with DUI and open container. She won an acquittal in the Salt Lake City Justice Court on both counts. Her client blew a .179 on the intoxilyzer. Three Salt Lake City police officers, a civilian witness and a trooper with the Utah Highway Patrol all testified against her client. Ms. Isaacson was able to persuade the jury that the breath test results were not reliable and that her client did not possess an open container.

In the Murray City Justice Court, Ms. Isaacson won a DUI jury trial where the client blew a .137. Ms. Isaacson utilized audio recordings from previous hearings and the videotaped DUI investigation to persuade the jury to find her client not guilty.

Ms. Isaacson won a driver license hearing for a client in Park City who was accused of hit and run and DUI. She successfully argued that the officer improperly performed field sobriety tests. Her client was able to keep his driving privileges.

Ms. Isaacson won another driver license hearing by arguing that her client’s medical condition impaired his ability to perform field sobriety tests and because the Horizontal Gaze Nystagmus was performed improperly. Again, her client was able to keep his license.

In the Salt Lake City Justice Court, Ms. Isaacson won an acquittal for a client in a jury trial. The client had refused a breath test. The arresting officer was a member of a DUI squad with extensive experience. The officer testified that the client performed very poorly on all the field sobriety tests. However, Ms. Isaacson was able to persuade the jury to find him not guilty on all charges.

Mr. Bugden persuaded a Salt Lake City Justice Court to suppress all evidence of field sobriety tests and a breath test when a police officer pulled over a driver leaving the parking lot of a bar. The Judge agreed that there was no lawful reason to pull the driver over. The DUI was dismissed.

Ms. Isaacson persuaded a judge in the Salt Lake City Justice Court to suppress any evidence of blood tests in a case involving allegations of driving under the influence. Ms. Isaacson successfully argued that the trooper who stopped her client did not have sufficient evidence to place the driver under arrest and, therefore, any evidence obtained after his arrest would be excluded and suppressed. Her client was able to simply plead to a speeding ticket. The DUI was dismissed completely. The case involved a blood test result of .13.

In Summit County, Mr. Bugden successfully defended a DUI refusal case where he was able to prevent an 18 month license revocation and obtain a complete dismissal of the DUI charge by arguing that there was insufficient evidence to support the arrest.

Ms. Isaacson represented a defendant in a DUI matter in the Summit County Justice Court in Park City, Utah. Her client was accused of driving under the influence and refusing the breath test. Ms. Isaacson had previously prevailed before the Driver’s License Division and had persuaded them not to take her client’s driving privileges away. During trial in the criminal matter, she persuaded the judge to admit evidence of the Driver’s License Division. The jury returned a verdict of not guilty to the charge. Ms. Isaacson’s client was able to retain her driving privileges, avoid a criminal conviction, and expunge any record of the DUI offense.

Mr. Bugden represented a DUI client who pulled away from the curb without using his blinker and pulling over too quickly to relieve himself on a tree near the road. The client declined all field sobriety tests but blew a .18 after his arrest. Mr. Bugden obtained a dismissal of the DUI by arguing there was insufficient evidence to arrest.

If you have been arrested for drunk driving or DUI, seek advice from an experienced DUI defense attorney. At Bugden & Isaacson, LLC, we have an outstanding trial record and we work tirelessly to achieve a satisfactory outcome in every case we take on. To speak with one of our DUI defense lawyers, contact us today at (855) 467-1700.


445 East 200 South, Suite 150  ·  Salt Lake City UT 84111  ·  801.467.1700

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