South Jordan DUI Defense Lawyer
In Utah, if you have been arrested for a DUI then the procedural clock is already running on your ability to protect your rights. To avoid a license suspension of a minimum 120 days, you must submit a request for a DMV license hearing within 10 days of your arrest. If you fail to make this request and you are under the age of 21 or a repeat DUI offender, the suspension will be longer.
Overson Law, PLLC can help you stop the automatic suspension of your license and provide steadfast representation in the criminal portion of the proceedings.
Under What Circumstances Can I be Charged with DUI in Utah?
In Utah an adult over the age of 21 is guilty of a DUI if their BAC is .08 or greater at the time the test is administered or at the time of operation of the vehicle. Additionally, the law also defines a DUI as being, “under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle.” That means you can be charged with a DUI even if your BAC is less than .08 if you have any drugs or alcohol in your system and a law enforcement officer believes that you are incapable of driving safely.
While it is not unheard of for unscrupulous officers to manipulate a Breathalyzer to indicate a reading of .08 or greater, the second provision is clearly the more troubling. For instance the term “any drug” means that DUI convictions are not just limited to illegal street drugs. If you have a bad reaction to an allergy medication prescribed by a doctor you could face the same harsh DUI consequences. Further even those who drink responsibly and only drive while under the legal limit can be swept up in the DUI net if an officer perceives unsafe driving. We fight to ensure that honest, hard-working Utahans are not swept-up in this extremely broad and overly inclusive law.
Unlike some states, DUI charges in Utah require proceeding both in the court system and in Driver License Division of the Utah Department of Public Safety. An arraignment is the initial stage in a criminal DUI hearing where the charges that are pending against you will be read. Following the reading of the charges, you will be asked how you plead: guilty or not guilty. If a guilty plea is entered, you will then be sentenced at a later sentencing hearing. If a not guilty plea is entered, a pretrial conference will be scheduled. At this conference you lawyer can move for a trial by jury, request an evidentiary hearing to potentially suppress evidence or even negotiate a plea deal with the prosecutor.
What Penalties Can Be Imposed on a Utah DUI Offender?
First-time offenders generally face a minimum $700 fine, a minimum 48 hours in jail. Those convicted for a second or DUI offense are required by Utah law to install and utilize an Ignition Interlock Device (IID) or eighteen months, however even first-time offenders can be required to install one by the Drivers License Division. For second and third offenses, the penalties only become harsher. A second offense carries a minimum of 240 hours in jail, a minimum fine of $800 and a 2 year license suspension. Finally a third offense is a felony and requires a minimum of 1,500 hours in jail.
Further, you even your refusal to submit to a chemical test can be punished. It can result in a license suspension under Utah’s implied consent law.
Trusted DUI Defense for Utahans in South Jordan and Beyond
Being accused of DUI can throw everything, even your ability to get to work and provide for your family, into question. The respected but tenacious lawyers of Overson Law, PLLC will stand up for you and protect your license and freedom. To schedule your free DUI consultation, call us at (801) 758-2287 or contact us online today.