DUI

DUI

DUI

What is a DUI?

Those who drink and drive in Utah risk being charged with several crimes having to do with driving under the influence ―meaning with a BAC of over 0.08%. These include driving while impaired, driving under the influence, and several other designations.

The harsh restrictions and penalties associated with a DUI charge in Utah make it essential for you to consult with a DUI lawyer in your area.  Attorney Chad B. McKay has the experience and knowledge necessary to help you with your DUI charges.

What Happens If I Get Charged With a DUI?

Even before you are convicted, a first-time DUI charge wreaks havoc with your life. Your license is immediately confiscated by the arresting officer and replaced with a temporary license that expires in 29 days. On the 30th day, the Driver License Division may suspend your license for 120 days. You may appeal this suspension by submitting a Hearing Request Form, but the Driver License Division doesn’t have the same burden of proof as the court and is unlikely to second-guess the officer who thought you were impaired.

You’ll be taken to the police station and the car you were driving might immediately be impounded. After spending a night in jail, you’ll be released with an order to appear in court within 30 days. This gives you time to find a DUI attorney that will help you achieve the best possible result during your court appearance.

If you are convicted of a DUI (remember, this can happen even if your BAC was shown to be less than 0.08%), the court will usually impose the following penalties:

A 48-hour jail sentence

Community service

A series of fines starting at $700 plus court costs and a charge for the victim’s restitution fund

The suspension of your driver license for an additional three-month period or longer

Treatment for alcohol or drug abuse, whether you have a problem or not

The court may also require the installation of an “interlock” device on your car that checks your breath for alcohol before the ignition will operate.

All of these penalties may be increased or decreased at the discretion of the court, depending on your previous record and the circumstances of your arrest. Attorney Chad B. McKay can work with you and the court to get a fair and favorable result from your DUI charge.

How much do you have to drink (BAC*) for a DUI in Utah?

Under 21: .00% (zero tolerance)

21 or older: .08%

** BAC = blood alcohol content

The State of Utah prohibits driving a motor vehicle with a .08 percent or above, blood alcohol concentration (BAC). The .08 percent limit is the standard used across the United States for the “impaired” driver. The State of Utah has lower BAC limits for commercial drivers (.04) and a Zero tolerance law for drivers under the age of 21. The Utah DUI law also prohibits driving under the influence of controlled substances such as marijuana, cocaine, inhalants, or even legal prescription drugs that impare your ability to drive.

How many drinks does it take to reach the legal DUI limit in Utah?

Trying to figure out how many drinks it would take you to reach the .08 BAC limit isn’t a simple task. Each driver has individual attributes such as weight, sex, body-fat percentage, and other variables that factor into a BAC score. There are charts and calculators that can serve as a reference, however these tools do not consider all of the variables that contribute to a BAC score. It is safe to assume that each drink you consume puts you that much closer to a DUI offense.

The best answer is not to drink and drive. The State of Utah has strict laws for DUI offenses, and when you drink and drive in Utah, you risk your freedom, finances and your future.

The first time you are arrested and convicted of a DUI in the State of Utah you will be placed in jail for no less than 48 hours. You will be fined no less than $700 and your drivers license will be revoked for no less than 120 days. The court may allow for community service work in lieu of jail time or you may be placed in an electronic monitoring program at your home. You will also be ordered to participate in a drug or alcohol screening program and potentially be ordered to participate in a educational series relating to drugs, alcohol or both. These services will all be paid for by the DUI convicted driver.

The second time you are convicted of a DUI in Utah within 10 years of a previous offense you will be fined a minimum of $800. You will also receive a jail sentence of no less than 240 hours or 10 days. Your drivers license will also be suspended for a period of 2 years. The court will also order the convicted driver to 240 hours or 10 days of community service or you may be placed in an electronic monitoring program at your home. You will also be ordered to participate in a drug or alcohol screening program and potentially be ordered to participate in a educational series relating to drugs, alcohol or both. These services will all be paid for by the DUI convicted driver.

The 3rd time you are convicted of a DUI in the State of Utah you will be placed in jail for no less than 1,500 hours. You will be fined no less than $1,500 and your license will be suspended for a minimum of 1 year. You will also be ordered to obtain a screening and assessment and substance abuse treatment at a substance abuse treatment program providing intensive care or inpatient treatment and long-term closely supervised follow through after treatment for not less than 240 hours. The court may also order more penalties including additional jail time, extended or permanent drivers license revocation and for the convicted driver to pay all fines and fees, including fees for restitution and treatment costs.

The Implied Consent Law in Utah

The implied consent law in Utah means that any driver using the roadways in the State of Utah agrees to submit to a chemical test of their blood, breath or urine if a peace officer has reasonable cause to believe you are under the influence of Alcohol or Drugs, even if the drugs are prescription. If you refuse to submit to such a test your drivers license will be revoked for 18 months for the first offense, and 2 years for subsequent refusals.

What if you refuse to take a chemical test in Utah?

Utah has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Utah’s implied consent law at the link below.

1st DUI Offense: 18 month license suspension

2nd DUI Offense: 3 year license suspension

3rd DUI Offense: 3 year license suspension

What is the minimum jail time for a DUI?

1st DUI Offense: 2 days in jail.

2nd DUI Offense: 10 days in jail.

3rd DUI Offense: No minimum jail time.

(3rd DUI offense is considered a felony.)

Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

Can you plead to a lesser offense than DUI in Utah?

In some circumstances, a plea bargain of “alcohol-related reckless” might be accepted by the prosecution in Utah. An “alcohol-related reckless,” or a conviction of reckless driving involving alcohol, is usually made as a result of a plea bargain in which a charge of DUI is reduced to a case of reckless driving. A plea bargain of alcohol-related reckless driving might occur when the amount of alcohol is borderline illegal, there was no accident, and the defendant has no prior record. But if there is a subsequent DUI conviction, the “alcohol-related reckless” is usually considered a prior drunk driving conviction; the resulting sentence can be what’s required for a second DUI/DWI conviction.

First Utah DUI Offense

1st Drunk Driving Conviction:

Jail – 48 Hours Minimum, or

Work Service Program – 48 Hours Minimum, or

Home Confinement

Fine – $700 Minimum

License Suspension – 120 Days

Second Utah DUI Offense

2nd Drunk Driving Conviction:

Jail – 240 Hours Minimum, or

Work Service Program – 240 Hours Minimum or

Home Confinement

Fine – $800 Minimum

License Suspension – 2 Years

Ignition Interlock Device – 3 Years (If Within 10 Years of Previous)

Other Possibilities

Home Confinement Through The Use of Electronic Monitoring

Supervised Probation

Participate in Alcohol / Drug Screening

Participate in Alcohol / Drug Assessment

Participate in Substance Abuse Education

Participate in Substance Abuse Treatment

Third Utah DUI Offense

3rd Drunk Driving Conviction:

Jail – 1,500 Hours Minimum

Fine – $1,500 Minimum

License Suspension – 2 Years

Ignition Interlock Device – 3 Years (If Within 10 Years of Previous)

 

The Utah Driver Handbook contains a comprehensive explanation of DUI procedures and penalties starting on page 64.

Click here, and here for more info on DUI laws in Utah.