DUI Rights Help in Utah – Utah DUI Laws
Driving Under the Influence (DUI) is a very serious crime and the consequences for being convicted are harsh in many states. When it comes to DUI in Utah, Salt Lake City, Provo, Ogden, St. George, and other cities all follow the same laws – individuals over the age of 21 with a Blood Alcohol Content (BAC) of 0.08 percent or more are considered to be driving drunk – this state also has a zero tolerance policy for individuals under the age of 21. When charged with DUI, it is important to start fighting the charges as soon as possible and the professionals at DUIRights.com can help.
What Penalties Should I Expect to Face for DUI in the State of Utah?
DUI consequences in the state of Utah will usually be comprised of a combination of a license suspension, fines, and penalties as some amount of jail time. Having to deal with these punishments can derail an individual’s life, which is why fighting a DUI charge is so important. First time offenders can expect to face the following penalties should they be found guilty of Driving Under the Influence:
- Minimum Jail Time of 48 Hours
- Minimum Fines and Penalties of $700
- License Suspension of 120 Days
Utah also practices a lookback period of 10 years. This means if the individual has another DUI conviction within the last decade, their current DUI charge will be elevated to a second offense, which carries a longer minimum jail sentence, higher fines, and longer license suspension.
Why a Utah DUI Lawyer Should Know Your Rights
The state of Utah allows plea bargaining for drunk driving charges, which is why having a good DUI attorney is so important since their legal council is valuable for making this kind of arrangement. Usually, the prosecutor will only allow a plea bargain if he or she feels it will be difficult to find the client guilty of DUI, so the client’s lawyer will need to prove the case against the client is not solid. One way to do this is to prove the client’s rights were violated in some way, which will happen more often than not during the individual’s arrest. Some of the questions the attorney may ask include:
- Did the arresting officer witness the individual driving the vehicle?
- Did the arresting officer have probable cause for making a traffic stop? What was the reason?
- Did the arresting officer administer any field sobriety testing or a Breathalyzer test?
- Were the arresting officer’s observations of the individual’s behavior the same as other witnesses?
- Did the arresting officer recite the individual’s Miranda Rights and did he or she ensure those rights were understood?
You still have a chance to improve your situation once you learn the steps needed to eliminate your Utah DUI charges. Over the past 14 years, DUIRights.com has helped thousands of people just like you. Good people with families, jobs, and friends. People who are now facing one of the worst days of their lives after being charged with DUI. We sincerely believe that people who make a mistake shouldn’t have to pay for it the rest of their lives.
Protect your rights and learn how to get your Utah DUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed.
If you rely solely on a public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. We will help you protect yourself against an unfair court system and not risk losing your license or financial security. With our help, we will show you the easy to understand steps needed to get your Utah DUI charges dismissed effectively and take back the control of your situation by being equipped with the real information and attorney you need to win your case.
DUI Laws in Utah
Utah DUI laws are a bit different from many states in that jail time is dictated by hours instead of days and many of the penalties and fines are listed as minimums. If you are convicted in this state, this means your circumstances may dictate a much larger fine and more jail time than is actually posted.
Consequences for Refusing to Take Chemical Tests
Many states offer minimal penalties for refusing to take a chemical test, but Utah is relatively tough, even for first time offenders:
- First offense – 18-month suspension
- Second offense – 3-year suspension
- Third offense – 3-year suspension
Challenging BAC Levels in Court
Utah is currently a zero-tolerance state for minors and uses standard blood alcohol content (BAC) for all other violations:
- Drivers that are under the age of 21, .00 percent, zero tolerance
- Drivers 21 years of age and older, .08 percent
- Commercial Drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in Utah?
Whereas some states leave it up to the judge to issue a minimal jail sentence, especially for first-time offenders, Utah mandates every DUI violator will see at least 48 hours in jail, more for repeat offenders:
- First offense – minimum of 48 hours in jail
- Second offense – minimum of 240 hours in jail
- Third offense – minimum of 1,500 hours in jail
Utah currently has a 10-year lookback period.
Monetary Fines and Penalties for DUI in Utah
Monetary fines in Utah grow quickly and offenders on the extreme end will face some of the toughest fines in the country. With only a minimum fine being stated, judges can at their own discretion issue significantly heavier fines for those with a higher BAC or that have minors in the vehicle:
- First offense – minimum fine of $700
- Second offense – minimum fine of $800
- Third offense – minimum fine of $1,500
License Suspension for DUI in Utah
While all other areas of Utah DUI law only mandate a minimum sentence, the license suspension aspect of the law is clearly defined:
- First offense – 120-day license suspension
- Second offense – 2-year license suspension
- Third offense – 2-year license suspension
Utah does not require first time offenders to have an Ignition Interlock Device (IID) installed, but all repeat offenders are required to have the device on their vehicle.
Finding a DUI Lawyer in Utah
As you can see, while the minimum fines and penalties in Utah are significant, the judge can actually issue sentences far more severe if he or she deems it appropriate. If you are arrested and charged with a DUI in Utah, you should hire an attorney to help you fight the charges. Even if the evidence is mounting, your attorney may be able to plead the case down to something less severe, such as wet reckless. To have your case evaluated free as well as finding local attorneys to help you with your case, Fill out the FREE DUI Evaluation Form today.
Hiring an DUI Attorney in Utah
Beating a DUI charge is not easy, so it is recommended that you hire an attorney. At the very least, use a site like DUIRights.com to obtain a free case evaluation and recommendations from local attorneys. It should also be noted that in Utah, a “wet reckless” plea may be possible. While this is not available to everyone, those that were arrested close to the legal limit and that did not involve children in the car and/or fatalities may be able to plead out to this lesser charge. You will have a much better chance of having this plea accepted or in having the charged dismissed outright with the help of a qualified Utah DUI attorney.