Protecting Your Rights
Being convicted of a DUI in Utah can result in extremely harsh penalties being imposed upon you, including the loss of your driver’s license and freedom, among other things. However, there are several defenses that may be deployed, including challenges to whether or not your blood alcohol content (BAC) was properly tested, or if you were the victim of an illegal traffic stop. CONTACT the experienced DUI/DWI defense professionals at M.A. MUNSON LAW now to schedule a FREE CONSULTATION to discuss your case and how we can help you.
What is a DUI?
DUI, or driving under the influence, is operating a vehicle under the influence of alcohol, controlled substance, medication, or prescription that impairs the driver’s ability to operate the vehicle.
Utah DUI Laws
“Per Se” Blood Alcohol Concentration (BAC) Level
Utah DUI laws deem “per se intoxicated” any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
“Zero Tolerance” for Drivers Under 21
Utah also has a “zero tolerance” law that target drivers under the legal drinking age. This law penalizes persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
Enhanced Penalties for Multiple Convictions
If you are convicted of DUI in Utah and it is your second or higher DUI offense, you face higher fines, more jail time, mandatory community service, longer driver’s license suspension, and required substance abuse treatment.
“Implied Consent” Laws for Refusal to Submit to Blood or Breath Alcohol Tests
Utah’s “Implied consent” law require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, he or she faces — in addition to other penalties — a mandatory period of driver’s license suspension. The period is based on whether the driver has previous DUI convictions on his or her record.
Consequences for a DUI or Drunk Driving Conviction in Utah
Consequences for the conviction of driving under the influence may potentially include:
- Jail time
- Fines
- Loss of driver’s license
- Probation or parole
- Loss of auto insurance
- Court ordered driving school
- Impound of vehicle
- Court ordered ignition device
- Significant fines
- Other
Determining Punishment for DUI in Utah
Likelihood of any of the above consequences depends on the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of the community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Accident involved
- Blood alcohol content
- Other
Utah DUI Defenses
Defenses for driving under the influence may potentially include:
- Insufficient evidence
- Factual innocence
- Illegal traffic stop
- Improper testing
- Reduced charge to reckless driving
