DUI Reference Guide

Utah DUI Laws

It is against the law to drive when under the influence of alcohol and/or drugs.  Although it is illegal to drive with a blood alcohol content (BAC) that is at or exceed 0.08%, an individual who is believe to be driving while under the influence can be arrested if they have a BAC that is less than 0.08%.  The main point of testing to determine BAC is to have more evidence for the DUI case to prove that a person was under the influence when operating a vehicle. 

Those who face DUI charges will face a criminal case in court.  They will also have the possibility of license suspension.  The license suspension is one of the first actions that a person will need to work upon.  The Driver License Division handles license suspension.  They will provide a hearing to anyone who asks for a hearing after they have been arrested.  This request must be received in written no more than ten days after a person was arrested for DUI/DWI. 

License suspensions can range from three months to a few years depending upon a person’s number of offenses and whether or not they were willing to take a chemical test to measure their BAC upon arrest.  Utah does not allow people to have restricted driving rights even if they need to drive to get to school or two work.  Those who are arrested for a DUI face two separate suspensions as enforced by the Driver License Division. The first is a result of their own findings.  If a person is later convicted of DUI in court they also face license suspensions. 

On a first offense, those who refused to take a BAC test will lose their license for 90 days.  This amount of time increases to six months for those who have been arrested for a DUI in the past.  Third time offenders who do not take a BAC test will have their license revoked for three years. 

Anyone who is arrested for DUI faces criminal penalties.  They face a trial in court to determine a person’s guilt or innocence.  There often are plea bargains in which a person does not need to go through a criminal trial.  If person pleas guilty and there plea is accepted they often must pay fines, will have their license suspended and will serve probation.  Other penalties can also apply depending upon the circumstances.

For those who go through a trial and are found guilty of DUI there are many possible consequences.  Those who cause an accident due to their level of intoxication or being under the influence will face more severe penalties.  The same can be true for driver’s who are under 21 as well as anyone who was driving under the influence who had someone who was less than 21 years old in the car at the same time.  When a drunk driver  causes serious injury in an accident the person will be charged with a felony.

First time offenders can face 48 hours of jail time or 48 hours of alternative punishments.  After this time a person might be required to complete a probation period of time.  Fines will be at least $700.  Further license suspensions can be required.  Offenders will be evaluated for alcohol or drug problems and can be required to enter some type of treatment program.

Second time offenders will pay at least $800 in fines.  A supervised probation period will be required.  In addition, a person must spend at least 240 days in jail or providing community service.  Other options such as house arrests can be used rather than serving time in jail.  Once again a person can be evaluated for and if necessary receive alcohol or drug treatment.  Those who are convicted a second time can face license suspensions and will need to have an ignition interlock system placed on their car.

Third time offenders are charged with a felony and as such they can serve as much as 0-5 years in prison. Sometimes supervised probation is the sentence rather than long jail sentences.  Ignition interlock systems will be required after a person serves license suspensions.  Fines can be $1500 and can also exceed that amount. 

A DUI arrest in Utah is very serious and this is why it is important for a person to consult with a lawyer as soon as possible.  Finding a lawyer who specializes in DUI is necessary.  Find lawyers who center on defending those who face DUI charges.