Ogden DUI Defense Attorney
Being charged for driving under the influence of drugs or alcohol (DUI) is not only a serious criminal charge, but it is also very embarrassing. People charged with DUIs often do not want their friends, family, and neighbors to find out that they were drinking and driving. The penalties for a DUI can vary from steep fines to losing your license. DUIs remain on your driving record and can cause you a lot of headaches in the future.
Facing a DUI is stressful and humiliating, but you do not have to go through it alone. Our Ogden DUI defense attorney can guide you through the criminal justice process and help you work past your DUI. Contact Overson Law, PLLC to speak with our legal team about your DUI. Call (801) 758-2287 to schedule a free and confidential legal consultation.
How You Get a DUI in Ogden
Utah is not like most other states because Utah has a lower threshold for charging drivers with DUIs. In most other jurisdictions, drivers with a blood alcohol concentration (BAC) of .08% or more may be charged for driving under the influence. However, in Utah, the limit is only .05%. This means it takes less alcohol for you to be charged with a DUI in Utah.
To be charged with a DUI, you must have the requisite BAC and be operating or be in physical control of a vehicle. What it means to operate a vehicle is obvious; it means driving. However, “physical control” of a vehicle might be a bit confusing. According to Utah law, whether someone is in physical control of a vehicle will be determined based on the totality of their circumstances. This means the police officer stopping you has the discretion to analyze the entire situation and decide whether the driver had physical control over the vehicle. Factors that might be considered include, but are not limited to:
- If the driver was in the driver’s seat
- If the engine was running
- Where the vehicle is parked
- Whether the driver is asleep or awake
If a police officer determines that you were, in fact, in physical control of the vehicle with a BAC of .05% or more, you will be arrested for a DUI. Our Ogden DUI defense attorney can help you understand your charges and defend your rights.
Penalties for DUIs in Ogden
The penalties for a DUI will be different depending on the unique circumstances of your case. A driver with prior DUIs or a higher BAC will face stiffer penalties than a first-time offender with a BAC closer to .05%.
A driver convicted of either their first or second DUI may be found guilty of a class B misdemeanor. Such a conviction would result in a prison term of no more than 6 months. However, the charges will be upgraded to a class A misdemeanor if the driver…
- caused bodily harm as a result of their intoxicated driving,
- had a passenger younger than 16
- had a passenger under 18 while the driver was 21 or older
- drove on the wrong side of the road, or
- drove on the freeway
If your DUI charges are upgraded to a class A misdemeanor, you may face a prison term of not more than 346 days. Contact our Ogden DUI defense lawyer for help fighting your charges.
Under more serious circumstances, a driver can be charged with a third-degree felony DUI. If convicted, the driver will face a prison term of no more than 5 years. To be charged with a third-degree felony DUI, a driver…
- must have caused serious bodily harm due to their intoxicated driving
- has two or more previous DUIs, both within 10 years of the current conviction, or
- is charged with the DUI any time after a conviction for automobile homicide, a prior felony DUI
Injuries sustained by others as a result of your DUI are treated especially seriously. Each victim who has been injured will constitute a separate offense. This means if you injure three people as a result of drunk driving, you will face three separate charges. The penalties for these charges quickly add up to a long time in prison. Our Ogden DUI defense attorney will work to reduce your DUI charges and protect your rights in court.
Penalties for Refusing to Take a Breathalyzer Test in Ogden DUI Cases
When a driver is stopped for a DUI, the police officer conducting the stop will request that the driver submits to a breathalyzer test. The breathalyzer device can detect alcohol on a person’s breath and calculate an accurate BAC level. Utah uses the implied consent rule to require all drivers to submit to chemical testing. This rule states that any driver operating their vehicle on Utah’s roads has consented to chemical testing for a DUI stop. However, if you refuse, the police officer will not force you to submit to testing. Instead, they will warn you of the additional penalties for refusing.
Refusal to submit to testing may result in additional criminal charges. A defendant could lose their driver’s license and face a 5- or 10-year driving probation during which they are forbidden from driving with any alcohol in their system whatsoever. They may also be required to install an ignition interlock device in their vehicle. Please reach out to our Ogden DUI defense attorney for guidance if you refused to submit to testing.
When Are Ignition Interlock Devices Required for DUIs in Ogden?
An ignition interlock device is like a breathalyzer that is installed in your vehicle. It is fixed to your vehicle and cannot be removed. Tampering with your ignition interlock device is illegal. In order to start your vehicle, you will have to blow into the device. If the device detects any alcohol, the car will not start.
Any driver convicted of a DUI and sentenced to probation may be required by the court to install an ignition interlock device in their vehicle. Not only must the driver install the device in their vehicle, but they are prohibited from operating any vehicle that does not have an ignition interlock device. This means they cannot simply borrow a friend’s car to avoid using the interlock device. Our Ogden DUI defense lawyer can help you fight your DUI and get back to your normal life.
Contact Our Ogden DUI Defense Attorney for a Free Consultation
If you face any kind of DUI charges, whether this is your first offense or you have a history of DUIs, contact our Ogden DUI defense lawyer for help. Call Overson Law, PLLC at (801) 758-2287 and ask about scheduling a free legal consultation.