Sandy DUI Defense Attorney
If you have been arrested for an alleged DUI, the clock is already running on your rights. It is essential that you consult with an experienced DUI attorney immediately following your arrest because license suspension is mandatory in Utah unless you request a hearing within 10 days of your arrest. Your attorney can file the request for a hearing with the Drivers License Division of the Utah Department of Public Safety. If you or your attorney fails to request this hearing in a timely manner, you are nearly guaranteed to face a suspension of at least 120 days even for first offenses. If you are under the legal drinking age of 21 or have been previously convicted of a DUI the suspension and other penalties are harsher.
An experienced DUI lawyer serving Sandy, Utah can delay and possibly stop the automatic suspension of your license. Just as importantly, we also handle the criminal portion of the DUI proceedings strategically and professionally. We know that DUI charges can cause a significant amount of anxiety and uncertainty. That is why we always explain the process and what you can expect clearly and directly. We reduce your uncertainty while fighting for your rights.
What is the Legal Process for a DUI Charge in Utah?
In Utah a DUI proceeding requires appearances in both the Utah courts and in the Driver License Division of the Utah department of Public Safety. Generally speaking one of the first steps in the process of a criminal charge is the arraignment. At the arraignment the charges against you are read formally. Following the reading of the charges, the judge asks you how you plead to these charges. You may plead guilty to the offense or not guilty. If you plead not guilty, the criminal matter will be marked for a pretrial conference. If you plead guilty or are convicted of the offense you could face:
- Time in jail
- Monetary fines
- Drug or alcohol education or treatment
- Restrictions on your ability to drive
A strategic handling of the arraignment, pre-trial conference and entire legal process can significantly improve your chances of a favorable outcome.
How Can a Utah DUI Lawyer Help?
If, following our initial consultation, it appears that your case is a good match for our services we immediately start marshalling evidence so that we can cast doubt on the prosecution’s case. While every case is different the evidence we obtain can include:
- The police report
- Toxicology reports
- Witness statements
- Dash cam videos of the stop and arrest
- Any other evidence that illuminates the events surrounding your arrest
We utilize our experience and knowledge regarding DUI in Utah to determine whether each piece of evidence can be used for impeachment purposes, or if they constitute their own affirmative defense to the charges.
DUI Penalties in Utah
Even for first time DUI offenders the penalties can be extremely severe. First time offenders in Utah are required to install and utilize an ignition interlock device (IID), at their own expense, for eighteen months. Likewise, first time DUI offenders are still subject to an aggravated DUI charge if their blood alcohol content (BAC) is .160 or greater. With a 10-year look-back period, those convicted of a second DUI can face:
- Up to 10 days in jail
- 2 year suspension of license
- Fines up to $1,850
- Alcohol and/or substance abuse evaluation
If you commit a third offense within the 10-year look-back period, that third offense can be considered a felony under Utah law. As a felony the conviction remains on your criminal record and can impact your future employment opportunities as many large corporate employers now utilize pre-employment background and criminal history checks.
The determined and knowledgeable attorneys of Overson Law, PLLC have defended Utahans from DUI charges. To see if our services are a match for you call us at (801) 733-1308 or contact us online.