DUI & DWI in Utah
What will happen if you’re convicted of a Utah DUI? Will you lose your job? Go to jail? Pay fines? Lose your driver’s license? How will you get to work? What if you’re a commercial driver? You’ll lose your livelihood. What will happen to your family? How will you pay your bills? If you’ve been arrested for DUI on Utah roadways, these questions may be running through your head.
Because the consequences of DUI conviction are so incredibly serious, it’s imperative that you consult with the Utah DUI attorney of your choice.
To help you know what questions to ask your DUI lawyer, we’ll quickly overview:
- Utah DUI Laws
- Utah DUI Punishments
- Potential DUI Defenses
- Utah’s Other Drunk Driving and Alcohol Laws
- How to Find an Utah DUI Attorney
When is a Driver Considered to be Legally Drunk in Utah?
Utah drunk driving laws are found in The Utah Code. Here’s a summary of the Utah blood alcohol content (BAC) while driving laws:
- If you’re a non-commercial driver, you’ll be arrested for drunk driving if your BAC is .08 or higher.(Unless you’re under age 21.)
- If you’re underage, you’ll be arrested for drunk driving if you have any alcohol in your system. You are not allowed even one drop of alcohol in your system. After all, it’s illegal for you to be drinking in the first place.
- If you’re a commercial or school bus driver, you’ll be arrested for driving drunk if your BAC is .04 or higher.
What is Utah’s Punishment for DUI Convictions?
1st DUI Conviction: Jail time of 48 hours to 6 months – fines of $700 to $1,000 – driver’s license suspension for120 days- ignition interlock – loss of commercial license. In addition, if you cause serious bodily injury, drive with a child under the age of 16 (or under 18, in some cases) enhanced penalties will apply – such as fines up to $5,000 and 5 years in jail.
2nd DUI Conviction within 10 Years: Jail time of 10 days to 6 months – fines of $800 to $1,000 – driver’s license suspension for2 years – ignition interlock – loss of commercial license. Enhanced penalties – such as fines up to $5,000 and 5 years in jail – may apply.
3rd DUI Conviction within 10 Years: Jail time of up to 5 years – fines up to $5,000 – driver’s license suspension for2 years – ignition interlock – loss of commercial license. Enhanced penalties may apply.
Utah Drunk Driving Defenses
The DUI defense attorney that you hire will investigate, analyze the evidence, and strategically put forth your strongest defenses. These are defenses that are sometimes used in drunk driving cases:
- You weren’t the one driving.
- You were driving safely. There was no probably cause to pull you over.
- The roadblock wasn’t set up properly.
- When you were stopped, the officer didn’t explain what would happen if you took or refused BAC testing.
- The officer didn’t follow proper BAC testing or arrest procedures and/or you were mistreated during detainment.
- Medical personnel made an error during BAC testing or reporting.
- The judge made an error during trial.
Utah’s Other Drunk Driving and Alcohol Laws
Utah’s Dram Shop Act
A licensed drinking establishment (bar, tavern, or restaurant)is civilly liable for injuries to third parties, sustained because it knowingly served an underage or intoxicated person.
Utah’s Providing Alcohol to Underage and Intoxicated Persons Laws
It’s illegal for a licensed drinking facility or an individual to provide alcohol to a minor or an intoxicated person. A year in jail and $2,500 fine are possible penalties.
How to Find aUtah DUI Attorney
If you’ve been arrested for drunk driving, you need legal help to avoid or lessen the serious consequences of DUI conviction. To find a Utah DUI lawyer, search our website, www.attorneys.org, or ask friends or the bar association for a referral.