Menu FREE Consult Request
DUI and Criminal Law Specialists
${site.data.firmName}${SEMFirmNameAlt}
Available to help 24/7
480-248-7666
Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Federal Court OK With Charging Sober Drivers With DUI

In Utah a sober woman was charged with driving under the influence of alcohol (DUI) after admitting to having a single beer with lunch. According to the article on the incident, in October, 2016, Anexora Leon got pulled over for having an expired license plate. Once pulled over, the officer verified that Leon was telling the truth when she told them the correct plate was in the trunk. The officer suspected that she was drunk and insisted that he smelled alcohol, made her perform the roadside tests even though she had no physical signs of being drunk such as slurred speech and bloodshot eyes. The officer said she failed the roadside tests while Leon maintains that he gave her unclear instructions.

She was handcuffed and brought to the county jail to provide a blood sample. Leon was formally charged with a DUI even though the result of the test took two and half months to become available which showed she had been driving with a blood alcohol content of 0.01 well under the Utah strict limit of 0.05.

The practice of the country of charging DUI's before the results of the blood samples from the lab, force innocent people to hire defense attorneys, to defend against charges that eventually prove to be incorrect and dropped. This is a very expensive process for motorists as it is standard practice by defense attorneys to get payment in full prior to being retained to defend a client.

Leon sued the county for its practice of opening DUI prosecutions before the results of the DUI tests arrive from the lab causing financial strain on innocent motorists to hire expensive defense attorneys on cases that are eventually dropped.

On Wednesday, the Tenth Circuit US Court of Appeals ruled that the police nor the prosecutors did anything wrong when they went after Anexora Leon. "Given the odor of alcohol in plaintiff's vehicle and her admission to having had a beer with lunch (as stated in the complaint), there was arguable reasonable suspicion to detain her further and require her to participate in field sobriety tests," Judge Hartz wrote.

The three-judge federal appellate panel rejected Leon's argument since the standard for conducting a DUI test is much lower than the standard in court for finding someone guilty of DUI.

In a state with one of the strictest DUI laws in the country, this is worrying practice to see and the federal court backing this up is a worrying trend to see.

If you have been arrested for DUI, the next step in the process is an important one: contacting an attorney experienced in drunk driving defense. Before talking with a prosecutor, speak with a lawyer who will protect your rights, freedom and driver's license. 

No Comments

Leave a comment
Comment Information
We play an active role in the civic life of the Phoenix metropolitan area.
We support Scottsdale's Taste of the Town festival that benefits the local chapter of the Muscular Dystrophy Association as well as the annual Toys for Tots campaign. Our firm also contributes to a number of other local organizations, including Home 'Fur' Good, a nonprofit dedicated to eliminating the euthanasia of adoptable homeless cats and dogs in Maricopa County.
AACJ Arizona Attorneys for Criminal Justice Avvo Rating 10.0 Superb Top Attorney DUI Super Lawyers Arizona Trial Lawyers Association Attorney At Law Magazine Contributing Editor Arizona Attorneys For Criminal Justice Established 1986

Free Consultation With A Drunk Driving Defense Lawyer

When you need effective, strategic defense, contact us 24 hours a day, seven days a week at 480-248-7666. We are ready and waiting for your call.

Bold labels are required.

Contact Information
disclaimer.

Submitting your information to us through this web form does not establish an attorney-client relationship. Information submitted through this web form is not confidential, not subject to attorney-client privilege, and will not preclude this law firm from representing a different client in the same legal matter. We do not represent you until you meet with us and sign a fee agreement. Please do not send us any confidential information about your case until we meet.

close

Privacy Policy

Free Consultation With A Drunk Driving Defense Lawyer FREE Consult Request