If you were arrested for driving under the influence in Clearfield, start preparing your defense right away. Do not underestimate the charges against you, as they could impact the rest of your life.
Since DUI convictions are typically only expungable after ten years in Clearfield, it is important to address these situations head-on to mitigate the consequences. Our lawyers can negotiate lesser charges or expose issues with chemical tests or other aspects of the prosecution’s case to help you overcome your current predicament. Penalties for DUI convictions differ, depending on whether or not a defendant has previous convictions. In lieu of jail time, our lawyers may be able to negotiate your involvement in an alcohol diversion program or other consequences that have less of an impact on your day-to-day life.
To get a free case review today, call the Clearfield, UT DUI lawyers of Overson Law, PLLC at (801) 758-2287.
Overcoming DUI Charges in Clearfield, UT
After an arrest in Clearfield, it will be important to overcome DUI charges so that they do not mar the rest of your life. After assessing your case, our lawyers can identify possible defenses we can use to get the charges against you dropped or negotiate a lesser plea.
Under Utah Code § 41-6a-520(1), by operating a vehicle in Utah, you give your implied consent to take a chemical test or other tests to determine your level of intoxication. Refusing such tests could have consequences, depending on when police officers attempt to administer them, such as before or after completing an arrest.
If there are issues with the validity of chemical tests or other tests, our attorneys may be able to use that to undermine the prosecution’s case in Clearfield. Our DUI lawyers can also explore the initial reason for the traffic stop to see if the police officers pulled you over for valid reasons.
When DUI charges are hard to overcome totally, getting them reduced could allow you to avoid jail time or other severe consequences. For example, we can negotiate your involvement in a diversion plan instead of other consequences. Furthermore, depending on your blood alcohol content and whether or not you have been arrested for a DUI in the past, we might be able to get you off with only a fine so that you do not have to spend any time in jail.
Consequences for DUI Convictions in Clearfield, UT
Utah has a lower legal blood alcohol concentration than other states, at 0.05%, according to Utah Code § 41-6a-502(1). In addition to blood alcohol content, other factors might influence the charges the prosecution brings against you in Clearfield.
Under 21 Conviction
For minors, Utah is especially strict when it comes to drinking and driving. According to Utah Code § 53-3-231(2), any person under 21 who is arrested for a DUI could see their license revoked until they reach the legal drinking age, among other possible consequences.
First Conviction
For a first DUI conviction, a defendant might have to pay a fine of up to $1,000 and could spend up to six months in jail. Alternatives to jail time in this situation could be community service or probation. Furthermore, you might get an alcohol-restricted driver classification, preventing you from driving with any alcohol in your system whatsoever for a set period of time. Generally, a first-time arrest for a DUI will result in a class B misdemeanor charge in Clearfield, according to Utah Code § 41-6a-502(2)(a).
Second Conviction
If you are convicted of DUI charges for a second time within ten years of your first conviction, the consequences could differ. In these situations, defendants might be charged with class A misdemeanors and, if convicted, might have to pay a fine of up to $2,500 and spend almost a year in jail. Furthermore, those with multiple DUI convictions might have to use an ignition interlock device in their cars for several years. This device requires drivers to submit a breath test each time they try to turn on their cars. If their blood alcohol content exceeds 0.02%, their cars will not start.
Even if this is your first DUI arrest in Clearfield, the charges against you might elevate, depending on whether or not other passengers were in the car. For example, under § 41-6a-502(2)(b)(i), a class B misdemeanor can become a class A misdemeanor if the driver had a passenger under the age of 16 in the car at the time of the arrest.
Third Conviction
If you have several DUI convictions within the past ten years, another arrest could result in a third degree felony charge. You could face up to five years in prison and a maximum fine of $10,000 if convicted.
Expunging DUI Convictions in Clearfield, UT
Convictions for driving under the influence are expungable in Utah, but often only after a decade. So, do not assume that you can erase a conviction immediately, as that may not the case.
If you have an old DUI conviction that has haunted you for years, our lawyers can help you with expungement. The waiting period to get DUI charges expunged is longer than that for other misdemeanors, as Utah takes these situations very seriously. Because you might have to wait ten years to get your DUI charges expunged, it is important to explore all viable ways to mitigate the consequences of an arrest and conviction as much as possible.
If we get the charges against you reduced, you might be eligible for expungement sooner, depending on the specific charges you were convicted of or pled guilty to. Taking this route can let you be done with the matter faster and allow you to apply for expungement sooner than ten years in Clearfield.
Call Our Lawyers to Discuss Your DUI Charges in Clearfield, UT
Call Overson Law, PLLC at (801) 758-2287 to get help with your case from our DUI lawyers.
