Getting a DUI can feel like the end of the world, but you have a right to defend yourself. In many cases, defendants can successfully fight their charges or negotiate for reduced penalties. Speak to an attorney about how you can defend yourself.
DUI charges may vary based on numerous factors surrounding your case. Generally, a DUI may be a Class B misdemeanor, but it can be upgraded to a third-degree felony under certain circumstances. Penalties may also vary from case to case and commonly include fines, license suspensions, drug and alcohol treatment, and even jail time. How we challenge your DUI will be unique to your situation. Possible strategies include highlighting a lack of evidence, disputing actual physical control over the vehicle, and negotiating a plea with prosecutors for reduced penalties.
Call our DUI lawyers with Overson & Bugden at (801) 758-2287 and begin your case with a free, confidential legal review.
How DUIs Are Charged in Saratoga Springs
A DUI is a unique charge often tailored to each specific case. As such, a person may be charged multiple ways, and their potential penalties will be unique to their situation.
According to Utah Code § 41-6a-502(1), a DUI may be charged when a driver has actual physical control over a vehicle and a blood alcohol concentration (BAC) of at least .05 grams, or enough alcohol, drugs, or a combination of the two to render them incapable of safely driving. This means that you can be charged even if your BAC is lower than .05 grams, but there is enough alcohol or drugs in your system to prevent you from driving safely.
Under subsection (2)(a) of the statute, DUIs may be charged as Class B misdemeanors. However, they may be upgraded to Class A misdemeanors if there is a passenger younger than 16, the driver is at least 21 and there is a passenger younger than 18, the driver has a prior DUI from within the past 10 years, or the driver committed certain traffic violations during the DUI.
The DUI may be upgraded to a third-degree felony if the driver has at least 2 prior DUI convictions within the past 10 years or the current conviction comes at any time after a felony conviction.
You might also be charged for multiple offenses related to the same DUI. Under subsection (8), you may be charged with a separate offense for each passenger in your vehicle who is younger than 16.
Possible DUI Penalties
The penalties in your case will likely vary depending on the circumstances surrounding the DUI incident and your driving history.
Perhaps the most feared potential penalty of a DUI is jail time. Under Utah Code § 41-6a-505(1), a driver may be sentenced to no less than 5 days in jail or no less than 2 days plus home confinement for at least 30 consecutive days for a first conviction. If you have a prior DUI conviction within the last years, you may be sentenced to no less than 20 days in jail.
Another common penalty is fines. For a first DUI conviction, the court can fine you no less than $700. If you have a prior conviction from within the last 10 years, you may be fined at least $800. In cases of extreme DUIs, the court may fine the driver at least $1,500.
Many DUI convictions are met with license suspensions. For a first offense, a driver may have their license suspended for 120 days. If you have a prior conviction, your license may be revoked for 2 years, according to § 41-6a-509(1). If the driver is at least 19 but younger than 21, their license may be suspended until they reach 21 or for 1 year, whichever period is longer.
How to Challenge a DUI in Saratoga Springs
How our DUI attorneys challenge your DUI may be as unique as your charges, penalties, and various factors surrounding your case. Every case is different, and you should speak to an attorney about which defense strategies are the most helpful for your case.
A common tactic is to point to the prosecutor’s lack of evidence. This can be an effective defense strategy for those facing charges based on flimsy evidence. For example, if the chemical testing equipment used in your case was incorrectly calibrated, the results may be unreliable. Without accurate BAC measurements, prosecutors might have a difficult time securing a conviction.
Another strategy is to dispute actual physical control of the vehicle. You do not have to be driving to have actual physical control. You might be in the driver’s seat with the keys in your hand, and the police can claim that you had actual physical control. If you were inside the car but did not have the keys, you might be able to dispute actual physical control.
Depending on your case, you might be able to negotiate a plea to impaired driving under Utah Code § 41-6a-502.5(1). This is a lesser offense with less severe penalties. Your Class B misdemeanor DUI may be reduced by one degree.
Chemical Testing in Saratoga Springs DUI Cases
One of the most important factors in your DUI case is chemical testing. This is how the authorities assess your BAC, which may affect how you are charged and your potential penalties.
Post-arrest chemical testing is mandatory according to the state’s implied consent law under Utah Code § 41-6a-520(1)(a). All drivers impliedly provide consent to be chemically tested simply by operating a vehicle on public roads or highways.
It is illegal to refuse to submit to chemical testing, and penalties for refusal may be assessed under § 41-6a-520.1(2). A refusal violation may be charged as a Class B misdemeanor or a Class A misdemeanor if the driver has a prior conviction for refusal.
Police are required to warn arrested drivers of the penalties for refusal, under § 41-6a-520(2)(a). If they do not, the driver should not be charged if they refuse testing.
Call Our Saratoga Springs DUI Lawyers Now
Call our DUI attorneys with Overson & Bugden at (801) 758-2287 and receive a free, confidential case review.
