Utah is known for its strict alcohol laws, and its DUI laws are just as rigid. A basic traffic stop can turn south quickly if the police officer has probable cause to believe you are driving drunk or under the influence of drugs.
If the cop has probable cause to arrest you, you’ll likely be put in jail until someone pays bail. Whether or not you spend more time behind bars for your first DUI in Utah completely depends on the situation.
It’s common knowledge that DUI stands for “driving under the influence.” In Utah, this means you’re driving with alcohol — or any drug — in your system, rendering you unsafe to operate a vehicle.
The max blood alcohol level (BAC) permissible in the Beehive State is 0.05. However, even if a chemical test shows levels are lower, you can still be charged with a DUI if you are determined to be impaired to a point where you are incapable of safely operating the vehicle.
First time DUIs can vary in how they are charged. If there are no aggravating circumstances, like those discussed below, your first DUI in Utah is usually a class B misdemeanor.
However, you may end up getting an even bigger charge. If you’re over 21, and you have a passenger in the car who is under 18 at the time of the offense, you can be charged with a class A misdemeanor. If you’re under 21, you can get the same charge if the passenger is under 16.
Not only that, if you have multiple passengers who are less than 16 years old, you can get a separate class A misdemeanor charge for each of them. Having multiple charges can stack potential jail time on top of each other if you are convicted.
If your BAC is more than 0.16, you have what Utah law calls an extreme DUI. This can also describe a BAC of 0.05 plus a controlled substance in a person’s blood or at least two controlled substances other than alcohol.
There are specific sentencing guidelines for this type of DUI. Even if you did get a plea deal for probation, the court also has to sentence you in one of two ways. You’ll either serve five days behind bars, serve two days plus an additional 30 of home confinement, or complete a local 24/7 alcohol monitoring program.
If you have to do home confinement, you’ll be monitored electronically. This includes a substance abuse testing device. You’ll have to pay for the equipment, and you will be prohibited from consuming alcohol.
Your DUI may seem like a cut-and-dry case, but it rarely is. If there are drugs or alcohol in your system, and you were caught driving, that might be enough evidence to convict you. However, there are many variables that may undermine the “cut-and-dry” case against you or give you leverage to negotiate a more favorable outcome.
Many DUI cases never go to trial. Instead, the best course of action is often making a plea deal. Negotiating a plea deal in a DUI case can be a complicated and nuanced process. Depending on the final disposition of your case a DUI may have long lasting impacts on numerous aspects of your life, and that’s why it’s important to hire a lawyer if you’re ever facing a DUI. This is a person who is in your corner, making sure the plea deal you can get is the best outcome possible.
If you try to do it alone, you will have to deal with the prosecuting attorney and the judge. Neither of those people are there to help you. Because of this, you’ll likely end up with a worse deal than what you actually deserve.
Plea deals often include probation. This means instead of time behind bars, you’ll live life like anyone else, but you’ll have to submit to checkups and possible searches from an assigned probation officer.
You’ll likely also have special conditions. These can include undergoing a treatment program which may include alcoholics anonymous meetings, abstaining from alcohol, submitting to alcohol screenings, and more.
In addition, you might have to drive with an ignition interlock system in your car. This is a device you have to blow into if you want to start your vehicle. If your BAC is more than 0.02, the engine won’t ignite.
Sometimes, plea deals will include some probation time with jail time at the end. It all depends on your unique situation.
If you’re charged with a DUI, you’ll want to hire an attorney who has plenty of experience with these DUI cases. You’ll find this experience with Brown, Bradshaw & Moffat’s Kristin Wilson. She has years of experience helping people get the best outcomes possible when charged with a DUI.
Click here to schedule a free consultation.
