Western Governors University is an online university with headquarters in Salt Lake City. Offering affordability and convenience, the University has become popular with students of all backgrounds, with over 100,000 currently enrolled. If you or your child is charged with DUI while enrolled at Western Governors University, the consequences can be serious. A conviction or arrest may threaten their enrollment status, their eligibility for student loans, and their eligibility for jobs or internship programs. They could also be at risk of going to jail, paying large fines, losing their driver’s license, and potentially, facing probation.
Your family needs an attorney who will take the charges seriously and dedicate themselves to handling your child’s case strategically. Founder of Overson & Bugden, Salt Lake DUI lawyer Darwin Overson has more than 16 years of experience fighting felony and misdemeanor charges in Utah. For a free legal consultation with Darwin, call Overson Law at (801) 758-2287, or contact us online today.
What is the DUI Law in Utah?
The Utah DUI statute is Utah Code § 41-6a-502. Even though this statute is located within the state’s traffic code rather than its criminal laws, drivers should make no mistake: DUI is a criminal offense in Utah, and those convicted can be harshly penalized. The penalties for DUI in Utah are discussed below.
Utah Code § 41-6a-502 outlines several scenarios that can result in DUI charges. These scenarios are as follows:
- Driving with a blood alcohol content (BAC) measurement that meets or exceeds 0.05. This is significantly lower than the 0.08 threshold applied in most U.S. states.
- Driving with any measurable BAC, no matter how low, if the driver is below the age of 21. This strict measure against underage drinking is aptly called Utah’s “Not a Drop” rule.
- Driving while “under the influence of alcohol, any drug, or… [both] to a degree that renders the person incapable of safely operating a vehicle,” regardless of whether the drug is illegal (such as marijuana) or prescribed (such as Ambien).
Is DUI a Felony or Misdemeanor?
Utah splits crimes into two categories: felonies and misdemeanors. DUI is typically a misdemeanor in Utah, but can be graded as a felony if the defendant has a record of prior drunk driving offenses. Felonies and more serious misdemeanors are tried in District Court, while lesser misdemeanors are tried in Justice Court.
If the defendant is under 18, Utah’s juvenile courts have jurisdiction, or authority over the case. (Only in the most serious cases, such as charges involving attempted murder or aggravated robbery, are juveniles tried as adults in Utah.) This is significant for three reasons: juvenile courts are civil (non-criminal), provide a greater measure of privacy, and tend to impose more lenient penalties.
Utah DUI Penalties for a Student at Western Governors University
Utah penalties for intoxicated driving depend on several factors. These factors include:
- Whether it is a first, second, or third offense
- Whether anyone was injured as a result of the DUI
- Whether passengers below the age of 18 were present in the vehicle
- Whether the driver refused to submit to a breathalyzer test
- The driver’s age at the time of the offense
- The driver’s BAC or, in drug DUI cases, the type and quantity of drugs involved
While these factors can cause variations in DUI penalties, state guidelines create a basic framework that judges are obligated to follow. Penalties for a first-time DUI offense in Utah may include 48 hours in jail (or equivalent community service, under certain circumstances), assorted fines potentially exceeding $1,300, suspension of your driver’s license for up to 120 days, possible probation, and other consequences, along with a criminal record.
What is Impaired Driving?
Impaired driving is a separate offense related to driving under the influence. The Utah impaired driving statute is Utah Code § 41-6a-502.5. You must be charged with DUI before your attorney can have the charge reduced to one of impaired driving. The prosecution may offer to reduce the charge to impaired driving in exchange for a plea agreement, but be careful: it is never wise to make major legal decisions without consulting an experienced DUI lawyer first, especially not when you or your child’s future and very freedom are at stake. You should contact a DUI defense lawyer for help right away if your son or daughter was arrested for drunk driving while attending online courses at Western Governors University.
DUI Defense Attorney for Online Students at Western Governors University
Don’t let a DUI charge disrupt your life any more than it has to. Hire a trusted, trial-tested attorney to protect your rights, prepare you for hearings, and fight for a case dismissal, acquittal, lesser charge, or penalty reduction. Contact Overson Law online to set up a free consultation, or call today at (801) 758-2287 for 24-hour assistance throughout Utah.
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"Tawni Bugden, Esq. is an exceedingly dedicated, highly skilled, and articulate criminal defense attorney."
My wife and I reside in the Northeast. We retained Tawni Bugden, Esq. to defend a family member who was receiving mental health treatment in Salt Lake City. We were immediately impressed with Tawni’s broad experience as a defense attorney. The fact that she had previously and successfully defended mentally ill and neurodiverse individuals made her the perfect fit for our circumstances. Tawni is extremely well versed in Utah state and local criminal law. She has worked extensively with state and local law enforcement and prosecution. To say that Tawni was our “eyes and ears” on the ground is an understatement! She provided excellent counsel, timely updates and promptly returned our phone calls, of which there were many given our geographic location. Her responsiveness even extended into her European vacation! Tawni Bugden, Esq. is an exceedingly dedicated, highly skilled, and articulate criminal defense attorney. We are forever grateful for her guidance and support.
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I had the opportunity to see Mr. Overson in action during trial. He is professional, confident, knowledgeable, has a great strategy, communication style, and empathy. I could tell he prepared extensively for the case and did not hold back to defend his client, which resulted in success. Forever grateful and highly recommend him.
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When I was in trouble, and I needed help, i didn't know what to do. Tawni Budgen was who helped me through it. I am blessed to have had her experience and exceptional level of help.
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We are beyond grateful to have been able to work with attorney Tawni Bugden. Since the first time we spoke over the phone she gave me hope, sense of relief and free judgment!! She always was available to my questions and concerns even at times she had to explain to me more than once. Having a family member in jail and going through the whole process of courts and wanting to do more for them it’s the worst feeling ever, but having Tawni representing just made everything feel and be more smooth and had such a amazing outcome. She was able to get no prison time and even be released before sentencing court. Honestly if I was ever to go through this situation again ( hope I never do) no doubt Tawni will be our attorney!!! They are the Best!!! They know what they are doing and most importantly they don’t give any false hopes and the results they can get.
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“If someone is making allegations against you, you really should talk to Darwin.”
I was charged with domestic violence and the allegations were that I abused my husband. Truth is, my husband was abusive to me. I hired Darwin and we had a trial. During the trial, Darwin was able to show the jury that it was my husband that was abusive and was trying to manipulate the process of our divorce. The jury found me not guilty and after the trial one of the jurors approached me and told me how impressed the jury was with the way Darwin presented the defense. Before the trial, my now soon to be ex-husband tried to convince me to plead guilty. So going to trial was really the first time I was able to stand up to him and not let him manipulate my life anymore. Darwin really helped me with that process and I can’t express how empowering it has been. If someone is making allegations against you, you really should talk to Darwin.
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“I was arrested for DUI. From the very beginning Darwin was very professional and supportive. Throughout the court process I was scared. I kept telling Darwin that wanted to plead guilty just to end it but Darwin encouraged me to stick with it and take the case to trial. The morning of trial, Darwin was able to cross examine the (arresting) officer in such a way as to show the jury that there was reasonable doubt as to the accuracy of the breathalyzer machine. That was important because they were saying my BAC was .182. Darwin walked me through my testimony so that the jury understood what happened from my point of view. I think if he hadn’t been able to help me through my testimony the way he did that the jury wouldn’t have understood and they would have convicted me. The jury deliberated for two hours and then returned a verdict of not guilty.I am really thankful that Darwin was my attorney and that I took his advice to take my case to a jury. If you or a loved one is in trouble, Darwin is your guy.”
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“Several years ago, I was having troubles in my marriage. There were lots of arguments and it was clear that we were headed for a separation. One night I was woke up by six West Valley Police officers standing around my bed with flashlights shining in my eyes. It was 3:00 in the morning and they drug me to the police station where they informed me that I was being arrested for engaging in sexual relations with my baby girl. I could not believe it. Over the next several days I lost my job because of these allegations and a protective order issued against me preventing me from seeing my wife and child, and even from going to the house to get my things. My world was turned upside down. I hired Darwin to represent me. He helped me get my job back, over turned the protective order and through his own investigation was able to uncover enough about my wife to convince the prosecutor to drop all charges against me. About six months later my wife was arrested for possessing thousands of dollars of fake checks. I have moved on and remarried. I thank Darwin for helping me through an incredibly difficult part of my life and I think had it not been for him, things would have turned out very differently for me and not in a good way.”
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