DUI

A DUI can be a life changing event. But it doesn’t have to mean the end of your life as you know it. You can get get through it and put it behind you.

No two cases are the same. Your case is unique. Just as unique as the facts that led to the charges and just as unique as you as a person. That being said, there are basic starting points for every DUI and the law that applies to each unique DUI case is the same. If you have been charged with DUI and want to know a quick snapshot of the DUI law, here you go:

What are the Punishments of a DUI?

If you’ve been charged with a DUI, you can expect a long and difficult road ahead. But don’t panic – there is light at the end of the tunnel. There are many defenses to a DUI charge and many strategies to minimize the loss and pain caused by a DUI.

A DUI is not a charge to try to defend by yourself.

For adults (21 and above) facing a first offence within the past 10 years, punishments include:

  • minimum 48 hours of jail or 48 hours of community work service. (Class B Misdemeanor)
  • $1380 in fines and surcharges
  • a screening at a state approved alcohol treatment agency
  • possibility of supervised probation
  • ignition interlock device requirement after you are re-licensed
  • 120 day driver license revocation

For adults (21 and above) facing a second offense within the past 10 years, punishments include:

  • minimum of 240 hours (10 days) of jail or 5 days in jail followed by 30 days of electronic home confinement
  • $1570 in fines and surcharges
  • a screening at a state approved alcohol treatment agency
  • supervised probation
  • ignition interlock device requirement after you are re-licensed
  • a 2 year revocation of driver license

For adults (21 and above) facing a third DUI within 10 years, this becomes a Third Degree Felony, punishments include:

  • minimum of 62.5 days of jail
  • $2,900 in fines and surcharges
  • a screening at a state approved alcohol treatment agency
  • supervised probation
  • ignition interlock device requirements after you are re-licensed
  • a 2 year revocation of driver license

Take note: Utah law enforcement has implemented the nation’s lowest drunken driving limit. As of December 30, 2018, the legal limit in Utah is 0.05 percent. If a law enforcement officer pulls you over in a motor vehicle and has reasonable suspicion that you’ve been drinking (driving while intoxicated), they are allowed to submit you to a breath test. If you refuse, you could face additional penalties, and may be required to participate in a blood alcohol test to determine your blood alcohol concentration (also known as a bac test).

What about my License?

Suspension Times After a First DUI Arrest

For drivers who are 21 or older at the time of arrest, the following suspension periods will be imposed for a first offense:

Per-Se arrest – 120 days

Refuse to submit to a chemical test – 18 months

Suspension Times After a Second DUI Arrest

For drivers who are 21 or older at the time of arrest, the following suspension periods will be imposed for a second offense:

Per-Se arrest – 2 years

Refuse to submit to a chemical test – 36 months

Suspension Times for Drivers Under 21

If the driver is under the age of 21 at the time of the arrest, then the administrative suspension periods for drivers depend on whether the case involves a Per-Se arrest under UCA 53-3-223 or a Not-a-Drop arrest under UCA 53-3-231

How to Find the Best DUI Attorney?

Choosing a criminal defense attorney to represent you can feel overwhelming, especially since there’s a lot on the line when it comes to DUI and drug charges. Here are a few key signs of success to look for in a DUI defense attorney, as well as some important tips to consider as you are making your decision:

  • Hire an attorney who fits well with your personality, goals, and interests – you’re looking for someone to represent you, the two of you should be on the same page and be able to establish a solid attorney-client relationship.
  • Read AVVO reviews.
  • DUI expertise and plenty of experience is a must! Ensure that the attorney you choose specializes in DUI and has dealt on many DUI cases. Lawyers generally work in several different fields – most covering more than one topic or category. The significant divide within the law industry is between civil law and criminal law. Of course, for criminal statutes like a DUI/DWI, out of state marijuana charge, or if you’re looking for how to get a possession charge dismissed, you will want to look for a lawyer who works primarily with criminal cases.
  • Be on the lookout for reviews, testimonials and information regarding previous cases the attorney has settled. This is a surefire way to investigate how previous clients felt about their relationship and the process of working with the attorney.
  • Truth of the matter is – the best fit for you, starts with the fit that you can afford. Hiring a DUI defense lawyer is the smartest choice by far – especially since the legal fees will be significantly cheaper than the expenses associated with being charged with DUI. That said, you should set a budget and pick an attorney who fits into that financial framework.
  • Prepare an assessment of your case prior to meeting with potential DUI attorney’s. Take the time to organize all details relating to your case. Keep in mind, a DUI or marijuana defense attorney cannot make a good, accurate recommendation on your chances of getting your case dismissed if you are not 100% honest with them. With that said, bring any and all evidence you may have to support your case.