Many people incorrectly believe that DUI (Driving Under the Influence) charges are simply “not a big deal.” After all, DUI offenses are extremely common throughout Utah and the rest of the nation, and many people have more than one DUI. While those two points may be accurate, the idea that DUI is an unimportant matter is not.
DUI convictions come with severe and far-reaching legal consequences. If you are convicted of DUI in West Valley City, you could be incarcerated and heavily fined, and your license to drive could be suspended for months or even years.
For a free case review, call our DUI defense lawyers at Overson & Bugden at (801) 758-2287 today.
Basics of a DUI Case
In addition to these major penalties, DUI convictions can also lead to additional inconveniences, such as mandatory alcohol counseling and/or the installation of an Ignition Interlock Device (IID) in your personal vehicle. An IID will prevent your car from starting if it detects a certain BAC (Blood Alcohol Content) level.
Furthermore, it’s very important to point out that there are instances in which DUI can become elevated to an extremely serious charge. If you injure or kill another person while you are driving under the influence of alcohol or narcotics, you could even be charged with vehicular assault or felony vehicular homicide.
If you are convicted of a felony, you could be fined thousands of dollars in restitution and/or imprisoned for years. You could lose your family, your friends, your finances, and your freedom. You need to act quickly to protect your legal rights.
What Happens During a DUI Arrest?
When you are arrested for DUI, it usually starts with a traffic stop. The police will pull you over under suspicion of DUI or because you violated another traffic law (e.g., speeding, running a red light, or leaving the roadway). If they do not have reasonable suspicion of drunk driving or have not witnessed another traffic offense, the pullover is illegal.
From there, they will often ask you questions and investigate, looking for the following signs of intoxication:
- Alcohol on the breath
- Open containers
- Admissions to drinking
- Bloodshot eyes
- Fumbling/slow movements
- Slurred speech
- Lethargy
They will often ask you to get out of the car and perform field sobriety tests and to blow into a breath test. You do not need to perform sobriety tests and, as long as you are not yet under arrest, you do not have to blow into a breathalyzer.
After arrest, you will be subjected to a blood test or another test (e.g., breath, urine). You cannot legally refuse these post-arrest tests without consequences.
If the police did not have enough evidence you were drunk, they cannot arrest you. The fact that you later have a positive test does not justify an illegal arrest.
What to Do After Arrest?
Drunk drivers usually cannot be released on their own, and the police will need someone to pick them up. They may even need to keep them overnight or send them to the hospital if their condition is serious enough. As soon as you are able to, invoke your right to remain silent and your right to an attorney.
You should not answer any questions about driving, drinking, where you were coming from, where you were going, etc. You should simply say you want to remain silent and have your lawyer present.
From there, do not answer more questions! If you start answering questions after invoking your rights, it will likely be deemed a waiver. Simply repeat your rights.
From there, call our lawyers. Wait until we get there and can help you get bail and fight the charges. Do not try to talk your way out of a ticket or arrest, and do not give the police any additional information to use against you.
What is the Legal Limit for DUI in West Valley City?
Utah has the lowest blood alcohol concentration requirement for DUIs at .05%. Most states use .08%, but ours are the strictest DUI laws in the country.
Note that you can actually be arrested for drunk driving even if your BAC is lower than this. The BAC test is not given until after your arrest, so the police might not know you are under .05% until that test result comes back.
You can even be arrested and convicted of DUI with a lower BAC. If you are too drunk to drive safely but your BAC is under .05%, that does not always stop charges. Additionally, if you refuse a BAC test, you can still be convicted on other evidence.
Lastly, drug DUIs obviously need to show the presence of drugs in your system, making the legal alcohol limit irrelevant.
Will I Go to Jail for a DUI in West Valley City?
After an arrest, you are usually taken to the hospital for a blood test. From there, you will likely be taken directly to jail.
Police can hold you in jail for a limited time while you sober up, but they must give you the chance to go before a judge in an arraignment quite quickly. From there, we can seek release on bail.
If you are convicted of DUI, you can face time in jail, but this is not always mandatory. Many people can perform community service or similar services in exchange for waiving the jail requirement. Otherwise, a first-time DUI conviction would typically see at least 2 days in jail.
Repeat offenses often do require a few days in jail, but similar arguments can be made for community service instead.
Repeat DUI Offenses
A “second DUI” can only be charged if your previous DUI was within the past 10 years. DUIs older than 10 years should not be counted against you.
This means that if you had another DUI, but it was 15 years ago, a new DUI charge should be considered a “first-time” DUI for sentencing purposes. However, that is only for the automatic penalties. If you have a serious history of DUIs or other offenses, the judge might want to take that into account in sentencing.
Our DUI defense lawyers can make arguments against this, but previous DUIs might block your chances of probation or community service, requiring jail time instead.
Can I Challenge the Blood Test Results in a DUI Case?
The police need to use certain procedures when taking a blood test in Utah. While other states might use breath tests, blood tests are the most common in our state.
Warrant
First, the police usually need a warrant to draw your blood. They can also do it if you give them permission, though this can be confusing.
There are penalties for “refusing” a blood test, but we also have “implied consent” laws, meaning that you already “consented” to a blood test by driving on Utah’s roads. At the end of the day, you can submit to a blood test but still demand a warrant.
Blood Draw Procedures
Second, they must use proper procedures when drawing blood. This means using a licensed practitioner, giving you the informed consent information, using a non-alcohol swab to clean the site, and more.
If there are problems with how the blood was taken, the test might be invalidated.
Testing Procedures
Lastly, we can challenge testing procedures if there was a problem with the blood results. It is possible that the lab mixed up results, tainted the blood sample, etc. If there are signs that a certain lab’s test results are biased, we can also potentially fight the results on those grounds.
How Can a DUI Lawyer Help?
If you are facing DUI charges in West Valley City, it’s extremely important to your legal success and to the course of your future that you retain the services of a dedicated DUI defense attorney. We have more than 25 years of experience handling a wide variety of West Valley City DUI charges, including but not limited to:
- First Offense
- Repeat Offenses
- DUI with Drugs
- DUI Causing Injury or Death
- DUI with High BAC
- Aggravated DUI
- Breathalyzer/Chemical Test Refusal
Regardless of the circumstances of your DUI, we are equipped with years of practical, in-trial experience to help build you the very best defense. We believe that our clients are innocent until proven guilty, and we pledge to treat your case with diligence, care, and respect. We will walk you through each and every step of the legal process, and advocate aggressively on your behalf to ensure that your legal rights are always respected.
DUI Statistics in West Valley City, Utah
According to the data presented by the Utah Commission on Criminal and Juvenile Justice in the Tenth Annual DUI Report to the Utah Legislature (2012), Salt Lake County — home to West Valley City — experienced more DUI arrests than any other county in the state. Salt Lake County recorded 5,497 DUI arrests in 2012, accounting for a staggering 42% of all DUI arrests in Utah that year.
According to the yearly Crime in Utah Report, the gender breakdown for 2012 DUI arrests was
- 14% female
- 86% male
While males may be at a higher statistical risk of DUI arrest, anyone can arrested for DUI — even if they aren’t driving a car. Other vehicles which fall under DUI laws include
- Motorcycles
- Commercial Vehicles
- Scooters
- Boats
- Jetskis
The type of vehicle in question can actually influence the DUI charges. Notably, the BAC cut-off for most drivers is .05%, but the threshold BAC for commercial drivers is lower at .04%.
Utah DUI Penalties and Sentencing
DUI, like other offenses, is subject to its own list of aggravating factors which can worsen a sentence. These aggravating factors include DUI with a child in the vehicle, reckless driving, and DUI with a high BAC (above .16%).
Even without any aggravating factors, DUI penalties can be very harsh — and they only become harsher as incidents accumulate. It should be noted that the fees for DUI vary by court.
First Offense
- Fees: Generally a minimum of $1,400
- Jail Time: 2 days
- License Suspension: 120 days
Second Offense
- Fees: Generally a minimum of $1,600
- Jail Time: 10 days
- License Suspension: 2 years
Notice the dramatic hike in license suspension from first to second offense: 120 days, to 2 full years.
Third Offense
- Fees: Maximum $5,000
- Jail Time: Maximum 5 years
- License Suspension: 2 years
A third offense DUI is classified as a felony. It should also be noted that the maximum fee of $5,000 can become even more expensive due to additional surcharges. These surcharges can be as high as 90%.
Contact Our West Valley DUI Attorneys Today
To schedule a free and private legal consultation with a Utah DUI lawyer, call the law offices of Overson & Bugden at (801) 758-2287.
