The consequences for driving under the influence in Utah are serious, often including jail time and fines, so do not hesitate to start preparing your defense and planning your case with our attorneys.
Before arresting a driver for a DUI, police officers might make them take field sobriety tests, the results of which might be skewed and challengeable in court. The legal blood alcohol concentration (BAC) in Utah is lower than in most other states, and having a BAC of 0.05% could lead to a class B misdemeanor charge, the maximum penalty for which is six months in jail. Causing serious bodily harm while over the legal limit could lead to enhanced charges that might be harder to expunge or move forward from after a conviction. To address the charges against you, our lawyers must learn everything that took place preceding the arrest, including the reason for the traffic stop and any conversations you had with police officers at the scene.
Call Overson Law, PLLC at (801) 758-2287 for a confidential and free case analysis from our DUI lawyers today.
Breaking Down Arrests for DUIs in Herriman, UT
Understanding how DUI arrests commonly take place and the procedures law enforcement must follow can help those dealing with charges of driving under the influence prepare their cases.
One of the most important things to understand is the concept of implied consent to take breath and blood tests, which drivers accept by operating vehicles in Utah, according to Utah Code § 41-6a-520(1)(a). Refusing to take such tests when officers have grounds to believe you are intoxicated could lead to more fines and consequences in addition to DUI charges.
Not all assessments police officers use to evaluate a driver’s alleged intoxication are accurate, particularly field sobriety tests that gauge a driver’s coordination and balance, which might be skewed depending on a driver’s potential physical or medical conditions or even their mood during the traffic stop.
When speaking with our lawyers, provide as much detail as possible about what led to the arrest and what happened during the traffic stop. For example, officers might pull drivers over because they see signs indicative of intoxication, like swerving. Other times, officers might suspect a driver is under the influence only after conversing with them during a traffic stop for another violation, like running a stoplight.
It is important to note that the legal blood alcohol concentration limit in Utah is lower than in most other states, 0.05% instead of 0.08%, according to § 41-6a-502(1)(a). Even if a driver’s BAC is below the legal limit, police officers might arrest them for a DUI if they are incapable of safely operating their vehicle.
If officers arrest you for driving under the influence, immediately call our lawyers and do not engage negatively with law enforcement. Doing so could complicate your case, and police officers might exaggerate the potential charges against you to cause further stress.
Penalties for First and Second DUI Convictions in Herriman, UT
While certain factors could result in enhanced charges and penalties for first-time DUI convictions, defendants are typically charged with class B misdemeanors upon an initial and second arrest, according to § 41-6a-502(2). If convicted, defendants would face up to six months in jail and be made to pay up to $1,000 in fines. They also run the risk of losing their licenses, which could seriously affect their lives, even if they are not sentenced to jail. Our attorneys can negotiate alternative consequences, like drug or alcohol management classes, particularly for a first conviction.
The judge might set bail in your DUI case, even if you do not have a criminal record, and our lawyers can prepare you and your family for what to expect regarding bail amounts and how to post bail so you can return home for the duration of your case.
Defendants who cause serious bodily injury while operating a vehicle over the legal limit could be charged with class A misdemeanors, even upon a first arrest. Driving on the wrong side of the highway or having a passenger under the age of 16 while intoxicated could result in similar elevated charges. Convictions for class A misdemeanors come with harsher consequences, like up to 364 days in jail and potential fines of $2,500.
Penalties for Third or Extreme DUI Convictions in Herriman, UT
Typically, a second DUI arrest would also be charged as a class B misdemeanor unless there were aggravating factors. However, upon a third or subsequent arrest, the potential consequences increase greatly, as defendants might face third degree felony charges.
Being arrested for a DUI while having two or more convictions in the past ten years would automatically elevate your charge to a third degree felony, making your possible sentence five years in prison instead of just under one, according to § 41-6a-502(2)(c). Defendants in these situations might face difficulty getting a fair bail amount set in their cases, which is another reason why seeking support from our DUI lawyers is important. Inflicting more than serious bodily harm or committing automobile homicide would also result in third degree felony charges in Utah.
A conviction for an extreme DUI, meaning a driver had a BAC of 0.16% or 0.05% and was under the influence of a controlled substance, comes with sentencing requirements judges must follow regarding minimum consequences, according to § 41-6a-505. This includes a minimum prison sentence of five days, a minimum fine of $700, and, often, installing ignition interlock systems in convicted defendants’ vehicles upon a first conviction. Remember, these are the minimum consequences for extreme DUIs, and defendants could face harsher penalties without assistance from our defense lawyers.
Call Our Attorneys for Help with Your Case in Herriman, UT Today
Call Overson Law, PLLC at (801) 758-2287 for a free case review from our DUI lawyers.