A Utah drunk driving arrest is nothing to take lightly – the driver faces fines, license suspensions, and even jail time if convicted. However, a DUI arrest doesn’t equal an automatic conviction – far from it. A skilled attorney from 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline a defense strategy designed to give the accused driver a fighting chance in court.

Utah DUI law makes it a crime for any person to operate or be in actual physical control of a vehicle if the person has a blood or breath alcohol concentration (BAC) of .08 percent or greater or is under the influence of alcohol, any drug, or a combination of both that renders the person incapable of safely operating a vehicle. This means that the driver can be charged and convicted of DUI in Utah even if he or she refused to take a chemical test or had a BAC of less than .08 percent.

A Utah arrest for driving under the influence actually generates two separate cases – in court, and at the Utah Driver License Division (DLD). Both cases require expert legal help, but the DLD case is far more time-sensitive – the driver has only 10 days from the date of arrest to request a Utah DLD administrative hearing. If the driver doesn’t request a hearing within that time frame, his or her license will automatically be suspended.

The Utah Driver License Division also will suspend a driver’s license based on a criminal court conviction, even if the driver won the administrative hearing.

Unlike some states, which allow a DUI / DWI offender to obtain a restricted license for school or work, Utah offers no such concession in drunk driving cases. Additionally, if the driver is caught driving on a suspended license, he or she will face an additional misdemeanor charge.

Utah is an implied consent state, meaning that anyone who drives in Utah has agreed to take a test of their blood or breath to determine alcohol content if arrested for driving under the influence. If a driver refused to provide a sample of blood or breath after lawfully being requested, the DLD will suspend the individual’s license for three months and impose an 18-month no-alcohol conditional license probation on a first offense DUI.

If the driver refused the test on a second DUI / DWI offense, the license will be lost for six months and a 24-month no alcohol conditional license will be imposed. A third DUI will result in one year of license suspension and three years no alcohol conditional license probation. Violating the no alcohol conditional license will result in a fine of up to $1,850.

It is a violation of Utah law for any driver whose license has been suspended for any of the following offenses to operate a motor vehicle with any measurable amount of alcohol in the body.

• Driving under the influence of alcohol or drugs (DUI)

• Alcohol or drug related reckless driving

• Refusal to submit to a chemical test

• Driving with a metabolite of a drug in the system

• Automobile homicide

• Evasion of Police Contact

• An extension of any of the above listed sanctions

If cited and convicted for driving under the influence of alcohol on a license suspended because of one of the offenses listed above, the driver will lose his or her driving privileges for an additional year.

The punishment imposed after a Utah DUI conviction can be quite harsh, but the law gives the judge a great deal of discretion in imposing sentence as long as he or she stays within certain boundaries. In particular, the judge has discretion to impose the mandatory jail sentence or substitute the jail sentence with community service.

A driver convicted of a first-offense DUI in Utah faces 48 hours of jail, house arrest, or community service and a fine of at least $700. In addition, the driver faces a 90-day to two-year license suspension and a mandatory alcohol screening and education program. The court may also order treatment and the requirement of an ignition interlock device.

A second-offense drunk driving conviction carries 10 days in jail, on house arrest, or community service, a fine of at least $800, and a three-month to two-year license suspension. In addition to mandatory alcohol assessment and education, the driver will be placed on probation and be required to have an ignition interlock device installed.

A third DUI / DWI offense within 10 years will be charged as a felony. The driver faces from 60 days in jail to five years in prison plus a fine of at least $1,500 if the driver is not sentenced to prison. The driver also faces mandatory alcohol treatment, a three-month to two-year license suspension, and a three-year requirement to use an ignition interlock device.

Utah drunk driving cases are extremely serious. A Utah DUI arrest has far-reaching consequences, and requires an expert attorney to protect the driver’s rights. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com can provide a free consultation and outline an aggressive defense strategy designed to minimize or even eliminate the consequences of a Utah drinking and driving arrest.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.