There’s two things that Utah Police Officers can do after arresting and citing someone for DUI. 1. They can put the person in handcuffs and take them to jail. 2. They can call someone to come and pick up the DUI driver and take them home.
It all comes down to the arresting officers discretion. And whether or not they see the drunk driver as public safety risk.
The spokesman for the North Ogden Police, detective Paul Rhoades had this to say to the Standard-Examiner:
“It’s actually really common to cite and release,” said detective Paul Rhoades, spokesman for the North Ogden Police Department. “If we can get a family member or someone to pick them up, we’d just as soon keep jail beds free for people who really need to be there.”
If the driver is released they must sign a form promising to appear in court.
Earlier this year I wrote about Layton City Councilman, Scott Frietag who also served as the 911 director. He was pulled over for DUI and despite blowing a .214 and having a hand gun in the center counsel of his car he was never booked for DUI. Instead Freitag was cited and released to his family.
Most Utah law enforcement agencies do not keep track of how many DUIs are booked or cited and released. But there is overwhelming evidence on who officers favor regarding who gets released and who gets booked.
Detective Ty Berger, spokesman for the Davis County Sheriff’s Office had this to say to the Standard-Examiner:
“Bottom line is; we evaluate the need to arrest and book with the safety for the public, safety of the offender, likelihood of re-offending (and) can we release this offender to a responsible person,”.
Whether you are cited and released or booked into jail for DUI, the penalties are still harsh and can ruin your life.
If you have questions regarding your DUI arrest, call or contact DUI attorney Greg S. Law online. We offer a free initial consultation, and are available for evening and weekend appointments. We also accept major credit cards for your convenience.
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a Utah Criminal Defense Lawyer, Greg S. Law. To schedule a meeting with Greg, please call or complete the intake form below.
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