Driving while intoxicated (DWI) and driving under the influence (DUI) in Utah is certainly no joke. In the event you are pulled over and are charged, you should be aware of your rights. You must be knowledgeable of the officer’s conduct and the appropriate steps that need to be taken. In most states, DUI is considered a lesser offense to DWI. A DUI charge implies that a driver is unfit to handle a motor vehicle as a result of illegal drug use as opposed to alcohol. Nevertheless, both are serious offenses, and it is important to hire an attorney that is specialized to handle your case. With a DWI charge, you may face more serious consequences, but qualified attorneys that have experience in these cases may be able to reduce the charge to a DUI. More importantly, it is imperative to hire a lawyer that specializes in DWI/DUI cases because other attorneys may not have experience in this field. Locating an experienced lawyer in Utah is a pivotal first step, and failing to do so can have irreversible consequences. When searching for a DWI/DUI lawyer, a background check is a necessary step. You need to know whether or not a lawyer is reputable, his or her caseload history, years of experience handling DWI/DUI cases, and success rates. If you have hired a local Utah attorney to handle your other affairs, he or she can refer you to the best representatives available. If you consented to a breathalyzer test and had blood alcohol content (BAC) reading of at least .05 percent, your lawyer may have to take more drastic measures. A Utah DWI lawyer might decide that the evidence the arresting officer submitted was not substantial, and he or she may choose to have the tools analyzed for accuracy and malfunctions. If you have an illness such as diabetes or are taking prescription medications for health reasons, a lawyer may be able to discredit breathalyzer test results. If this is a first time offense, rather than claiming innocence, a Utah DWI lawyer may encourage you to plead guilty and work towards reducing the charge to a DUI. Overall, every detail provided to your attorney can impact the outcome of your case. Therefore, accurate and honest accounts are imperative. Whether you are guilty or innocent of charges, courts are expected to protect your civil rights. Utah DUI LawsDiving under the influence (DUI), also referred to as driving while intoxicated (DWI) in some states, is a serious offense across the United States. Under Utah’s DUI laws, anyone in physical control of a vehicle while having a blood alcohol concentration (BAC) of 0.05% or higher has committed a DUI offense. Utah’s DUI statutes also make it illegal to operate a vehicle while under the influence of any drug that prohibits the offender from safely operating a vehicle. Brief overview of Utah’s DUI lawsUtah Code section 41-6a-502 & 41-6a-503: Driving Under the Influence of Alcohol, Drugs, or a Combination of Both. Operating (or being in physical control of) a vehicle within Utah if the offender: Utah DUI PenaltiesA first or second DUI offense is generally a Class B misdemeanor. However, if the offender falls under any of the classifications below then the offense is a Class A misdemeanor: Third degree felony if: Revoked or Suspended Drivers LicenseIf the offender is 21 years old or older at the time of the DUI offense, then the offender’s license will be suspended for 120 days. If the offender has a prior DUI conviction within the last 10 years then the offender’s drivers license will be revoked for two years. If the offender is between 19 and 21 years old then their license will be suspended until the offender turns 21 or for a period of one year, whichever is longer. First-Offense DUI in UtahIn Utah, it’s illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs. Generally, you can be convicted of DUI if you drive: Felony DUIsUtah’s felony DUI law imposes stiffer penalties for certain DUI offenses. A DUI is a third-degree felony when the offender drives under the influence: Administrative Penalties“Administrative penalties” are those imposed by the Utah Driver License Division (DLD). These penalties are triggered by a DUI arrest (as opposed to a conviction in court). For a first DUI, the administrative penalties include: At the time of your arrest, the officer will confiscate your driver license and issue a citation that serves as a temporary license for 29 days. If you don’t request a hearing within 10 days of the arrest, you forfeit your right to challenge the above administrative suspensions. And if you are later convicted in criminal court of DUI, the DLD will suspend your license for an additional 120 days. Aggravating Factors In Utah DUIYou’re on your way home from a friend’s birthday party, and all of a sudden you see flashing lights behind you. You might have only had a few drinks, but your BAC is just a little too high and you end up getting a DUI. While this is certainly not an ideal situation, it actually could be much worse. In the state of Utah, a typical DUI can turn into what’s known as an aggravated DUI if there are certain elements at play. A few of these factors are discussed below, and can turn a bad situation even worse. Multiple DUIs on your recordIn Utah, getting a single DUI is considered a misdemeanor, and can include penalties and the suspension of your license. To discourage people from driving under the influence, each DUI comes with an increasingly harsher punishment. If you are getting arrested for a DUI, and it’s your third one within the last ten years, the state will turn your offense from a misdemeanor into a felony. A felony conviction automatically brings jail time into the equation, and also includes hefty fines. Young passengers in the carThere’s no question that driving under the influence poses a danger to you and all of those around you on the road. However, if you are convicted of a DUI and you had a minor in the car while you were driving, your penalties will be more severe. Each state is different when it comes to setting the age at which passengers must be, but for Utah specifically, anyone in the car under the age of 16 will cause law enforcement to handle the situation as an aggravated offense. Excessive blood alcohol concentrationFor you to be considered safe to drive, your blood alcohol concentration must be below .08. Anything at or over that level will earn you a DUI. However, if you have been drinking an exorbitant amount, and your BAC tests at .16 or higher, you will be charged with what is known as an enhanced penalty DUI. This basically means that your blood alcohol level was so high, it is considered to be an aggravated situation. Because you were so severely impaired while driving, your consequences will be much higher. Crashing your vehicle or injuring othersNaturally, driving under the influence is taken very seriously and measures are put in place to ensure you don’t repeat the same mistake. Yet if you are driving while drunk and you injure another person or cause serious property damage with your vehicle, your fines and license suspension will increase exponentially. Instead of being a danger only to yourself, you are now a danger to others, and you will be penalized as such. If the damage or harm is severe enough, you might even face jail time. Judicial ProceduresIn Utah, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .05% or higher, even if a first offense. License Revocation, Fines and Jail• First Offense – Misdemeanor: minimum $700 fine plus surcharge, not less than 48 consecutive hours in jail OR 48 hours compensatory service work program OR electronically monitored house arrest, 120 days license suspension, drug and/or alcohol assessment and screening and possible education or treatment as required, and will become alcohol restricted driver for 2 years (driving with any measurable amount of alcohol in the system will be an offense). Possible ignition interlock restriction required as a condition of probation for a time period determined by the courts (3 years if under 21 years old). Reasons for Suspension or RevocationToo many traffic violations, an alcohol offense, and certain criminal convictions are just some of the reasons that your license may be suspended or revoked in Utah. Utah operates a points-based system for determining when your driver’s license should be suspended. Points are assessed against your license for each traffic violation, and your license may be suspended when you accrue a certain number of points. DUI LawyerWhen you need a local DUI attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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