| Utah DUI Law | | | | attorney must inform you about the plea bargain and |
| Driving under the influence of alcohol and drugs is | | | | let you know the benefits and drawbacks of |
| against the law in the state of Utah. Because DUI is a | | | | accepting. If you accept a plea bargain, your case will |
| criminal offense, you will be charged and tried in a | | | | end with you having to comply with all of the conditions |
| court of law. If convicted, you face harsh penalties | | | | of the plea bargain. |
| such as jail time, fines, and the loss of your driving | | | | If you do not accept the please bargain, your trial will |
| privileges. You will also face administrative actions | | | | proceed and the prosecutor will try to prove your guilt. |
| involving the validity of your driver's license. Because all | | | | You may be prosecuted in one of two ways. One is |
| of these consequences have the potential to | | | | where the prosecutor tries to prove your guilt by |
| negatively impact your life, it is important that you | | | | showing that you were under the influence of alcohol |
| contact a Utah DUI attorney immediately following your | | | | and drugs and that these influence impaired you to a |
| arrest for driving under the influence. While a Utah DUI | | | | level where you could not safely operate your vehicle. |
| lawyer cannot guarantee that he or she can win your | | | | The other is by showing that your blood alcohol |
| case, having the benefit of specialized legal counsel | | | | concentration level was 0.08% or greater as shown |
| can give you the best chance for doing so. | | | | by a chemical test. If the prosecutor is able to prove |
| Utah DUI Arrest and Prosecution | | | | you are guilty and get a conviction, you will face |
| When you are arrested for driving under the influence, | | | | criminal penalties. |
| you are given a notice that directs you to appear in a | | | | Utah DUI Criminal Penalties |
| court of law. This court appearance is known as the | | | | The penalties for a DUI conviction in Utah vary with the |
| arraignment and is a good time to have a Utah DUI | | | | level of offense and any aggravating factors present. |
| attorney with you to help you feel more at ease and | | | | The penalties for a first DUI offense may include:o 48 |
| give you a better understanding of what will happen | | | | hours in jail or 48 hours of house arresto $700 fineo |
| throughout the criminal proceedings. At your | | | | Alcohol educationo Supervised probationo Ignition |
| arraignment, you will be able to enter a please. Most | | | | interlock device installation requiremento 90 days to 2 |
| people using the services of a Utah DUI attorney plead | | | | years of license suspension |
| not guilty and schedule their cases for pre-trial | | | | A first offense is a Class B misdemeanor unless |
| conferences. If your attorney has a different strategy, | | | | specific circumstances exist. A first offense will be |
| the arraignment may be continued without you entering | | | | classified as a Class A misdemeanor if the DUI results |
| any plea as to your guilt or innocence. Choosing an | | | | in bodily injury, there is a passenger under the age of |
| action will depend on your Utah DUI lawyer and the | | | | 16 in the vehicle, or the driver is under 21 and a |
| strategy he or she plans to use. If you need more time | | | | passenger is under 18. If serious bodily injury is caused, |
| to gather information, the action you take at the | | | | it will be classified as a third degree felony. The |
| arraignment will be important so you can be granted | | | | penalties for a second offense may include:o 240 |
| more time. If you submitted to chemical testing, your | | | | hours in jail or under house arresto $800 fineso Alcohol |
| Utah DUI attorney may get a court order to have the | | | | screening and assessmento Supervised probationo |
| sample you produced split so it can be tested by an | | | | Ignition interlock device installation |
| independent facility. This will allow your attorney to | | | | A second offense is classified as a Class B |
| have the sample tested for a number of different | | | | misdemeanor but may be classified as a Class A |
| things and determine how valid the sample is. This is an | | | | misdemeanor if bodily injury is caused, there is a |
| important part of preparing for your criminal trial. | | | | passenger under the age of 16 in the vehicle, or if the |
| After your arraignment, your case will progress to a | | | | driver is over the age of 21 and there was a |
| pretrial conference. This will give you and your | | | | passenger in the vehicle under the age of 18. It will be |
| attorney the chance to meet with the prosecutor in | | | | considered a third degree felony if you have had a |
| your case, review settlement possibilities, and consider | | | | prior DUI conviction or serious bodily injury was caused. |
| any plea bargain offers the prosecutor may extend. | | | | The penalties for a third offense may include:o 1500 |
| Because the courts often have many cases to deal | | | | hours in jail or house arresto $1,500 fineo Alcohol |
| with, you may have more than one pretrial conference. | | | | screening and educationo Supervised probationo |
| Your attorney's strategy may include having several | | | | Ignition interlock device installation |
| pretrial conferences to buy more time to investigate | | | | If you have three or more offenses in 10 years, a third |
| your case and gather evidence. Your attorney may | | | | DUI offense is considered a third degree felony. |
| also file several motions for the judge to order a | | | | Because the penalties for DUI are so severe, it is |
| specific action. You may try to suppress the evidence | | | | important that you have a Utah DUI attorney represent |
| in the case or compel the prosecutor to turn over any | | | | you if you want to have a chance at winning your |
| additional information that will be used in your case. If | | | | case and moving on with your life. |
| the prosecutor in your case offers a plea bargain, your | | | | |