Defending Your Rights After DUI Charges Is Our First Priority
If you were charged with a DUI, your first step should be to call a Utah County DUI lawyer. At Preston Day Law, PLLC, we are committed to helping you get your charges reduced or even dismissed entirely. Whether this is your first DUI charge or your fifth, it is imperative that you consult with the right legal advocate to defend against these charges.
In Utah, it is illegal to drive or be in control of a vehicle while under the influence of alcohol and/or drugs. You can be convicted of DUI if you decided to drive:
- While "incapable of safely operating a vehicle" due to drugs/alcohol, or
- With a blood alcohol concentration (BAC) of .05% or higher
Facing charges for drunk driving? Contact our Utah County DUI attorney online or by calling (801) 335-6261 to schedule a consultation.
Penalties for a DUI in Utah
Utah was the first state in the United States to reduce the legal blood alcohol content (BAC) limit from 0.08 percent to 0.05 percent for drivers over the age of 21.
When charged with your first DUI in Utah, you could face the following consequences:
- Mandatory 48-hour jail term or 48-hours of community service
- License suspension
- Installation of an Ignition Interlock Device (IID) for a year and supervised probation (if your Blood Alcohol Limit (BAC) was 0.16% or higher)
- Fines of at least $1,310
Drivers convicted of felony DUI face up to five years in prison or 1,500 hours in jail. A fine of at least $2,850 will also need to be paid. If the driver's BAC was .16% or greater, the court is generally required to order an IID, SCRAM bracelet, and/or electronic home monitoring. If the judge considers the driver a safety hazard, an additional 90-day to 2-year license suspension could also be ordered.
Does a DUI Stay on Your Record in Utah?
When an individual is charged with DUI in the state of Utah, it will most likely stay on their record for 10 years. After that period, it can be expunged.
Can You Get a DUI in Utah Without Driving?
In the state of Utah, a motorist can get a DUI without driving. If an individual was in physical control of the vehicle while under the influence of alcohol, drugs, or with an illegal BAC level, that person could be charged with a DUI. The courts apply a totality of circumstances test to determine if a driver was in physical control of the vehicle.
Some of these factors include but are not limited to the following:
- Where the driver was in the car
- If the driver has the ignition key
- If the driver was touching the steering wheel or found operating controls
- Whether the driver was awake or asleep
Determining actual physical control depends on the specific facts of a case. Therefore, it is important to consult with an experienced Utah County DUI attorney if you are charged with this type of DUI.
Charged with a DUI? Get in touch with us online today or call us at (801) 335-6261 to secure a consultation.
“Preston was extremely helpful and understanding throughout the whole process. He was very professional and thorough in explaining the entire process and because of that, I feel like I learned a lot.”