Have a DUI charge in Utah? Feeling the sting of the Beehive State? It’s no surprise that Utah has some of the nation’s toughest DUI laws. In fact, you will face two separate cases after your DUI charge. The obvious one is the criminal charge. The other case is with the Driver License Division. If you would like a hearing with the DLD, you must make a request in writing within 10 calendar days of your arrest. If you fail to request a hearing within this amount of time, you will automatically lose your license for at least 90 days.
Did you know that you can be charged for a DUI in two different ways in Utah? First, if you violate the “per se” law by having a blood alcohol concentration of .08% or more. This means you don’t have to be impaired to be charged with DUI! Second, if you are proven to have been under the influence of alcohol while driving, you can be charged with DUI. This may be proved through your field sobriety tests or observance by the police of poor driving performance.
DUI Penalties in Utah
Even for a first offense, you could face 48 hours to 6 months in jail. The mandatory jail time is 2 days, but this can be substituted for 48 hours of community service. Your fine will range from $1,295 to $1,850 and you must take the “Prime for Life” alcohol education course at your expense. Your vehicle may be impounded for 1 to 30 days at your expense of $230. If that’s not enough you may also face: probation, insurance problems, ignition interlock, restricted travel and even loss of job.
Utah BAC
Your blood alcohol content cannot be over .08% while driving or you are DUI in Utah. But how is your BAC determined? Chemical testing (blood, breath or urine) can determine one’s BAC. However, all three can have inaccuracies. Blood is the most accurate, but must be conducted by the right person and in the right manner.
Field Sobriety Tests
The HGN (horizontal gaze nystagmus), one leg stand and walk and turn are all FSTs. These tests are given by police on the scene to help determine if you’ve been drinking and driving. They will test skills such as balance, involuntary eye jerking and coordination.
Ignition Interlock
If your BAC was over .16%, then the judge may require you to have this device installed in your car at your expense. It prevents you from using the car if you have any alcohol in your system.
Zero Tolerance
Anyone under 21 cannot have any alcohol in their system while driving. Punishments are similar to an adult DUI charge, except instead of jail time, the underage driver will spend time in a juvenile correctional facility.
Need a DUI Lawyer?
You’re in luck. Utah has many experienced lawyers that specialize in DUI. Find one of them and you may win your case.