If you’re 21 or older in Utah, there’s nothing illegal about hanging out at your friend’s house on a Friday night to enjoy each other’s company with a few drinks.
However, if you get behind the wheel of a vehicle after finishing those drinks, you’ve crossed the line into illegal territory. Even if it’s your first DUI offense, you’ll face some difficult consequences.
A DUI stands for “Driving Under the Influence” and is a crime in all 50 states. When people talk about DUIs, they are usually thinking about driving under the influence of alcohol. However, in Utah, the full name of the crime is “Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration.” That’s a mouthful.
In other words, you can get a DUI whether you are under the influence of alcohol or any kind of mind altering substance, such as marijuana or opiates.
DUI arrests generally happen during traffic stops. A police officer pulls you over for a normal traffic violation, such as speeding, or suspect you’re impaired based on erratic driving.
During the stop, the officer may notice signs suggesting you’re intoxicated. These signs include slurred speech or a general smell of alcohol. If there’s any indication you aren’t sober, you’ll be asked to do field sobriety tests for the officer to gather further evidence against you. This series of tests include the following:
This tests how much your eyes jerk while following a light. When you're sober, you may have tiny eye jerks, but they’re minimal. If you’re impaired, the jerking is more exaggerated.
In this test, you’ll be directed to take nine steps, heel-to-toe. When you’ve reached the end, you turn on one foot, and then you take nine steps back. This tests a variety of functions, including how well you’re able to follow commands and whether or not you can keep your balance.
The officer has you stand on one foot and count out loud. The main objective of this test is to see how well you can balance.
If the officer has enough evidence, he makes the arrest, which starts a regular criminal process, including booking, arraignment, and possibly being released on bond.
Legally, you can refuse field sobriety tests, and it actually might be a good idea to do so. The officer doesn’t necessarily need to conduct the tests to arrest you. Plus, the results can be used against you in court.
With that being said, you do not have the right to refuse chemical tests, which measure your blood, breath, and urine for alcohol or other substances because of implied consent. This means because you are driving a vehicle on Utah roads, you have consented to the tests.
Refusing to do a chemical test can result in a class B misdemeanor charge. This means up to six months in jail and a fine of up to $1,000.
Your first DUI offense is a class B misdemeanor. However, there are circumstances that can raise the severity of the offense. If you’re over 21 and you have a passenger who is under 18 years old — or if you’re under 21 and the passenger is younger than 16 — you can get a class A misdemeanor charge. That means you can face up to 364 days in jail with a fine of up to $2,500.
In addition, if you’re 21 years old or older, your driver’s license will be suspended for 120 days. If you’re under that age, your license will be suspended until you turn 21.
If your impaired driving leads to the death(s) of others, you can be charged with automobile homicide. It is a second-degree felony, which usually means 1-15 years in prison. However, in this case, there is a mandatory minimum sentence of five years.
In Utah, there are mandatory sentencing guidelines for “extreme DUIs.” This either means your BAC was at least .16, it was 0.05 but you also had another controlled substance in your blood, or you had two or more controlled substances in your blood that you were not prescribed.
If your DUI meets this criteria, you’ll have to either spend five days in jail or two days plus an additional 30 days of home confinement.
Although first time DUIs are misdemeanors — which means jail time — you may not have to serve very much time. Instead, your attorney can work out a deal with the prosecutor so that you can be put on probation.
This means you’ll be able to stay out of jail, but you’ll have to submit to checkups and possible searches from their assigned probation officer. In addition, you may have special conditions, where you’ll have to abstain from alcohol, go to alcoholics anonymous meetings, submit to alcohol testing, and more.
If you are on probation for a DUI in Utah, you’ll more-than-likely need to have an ignition interlock system on your car. This is a device that you blow into before you start your car. If your blood alcohol concentration is more than 0.02, the vehicle doesn’t start.
You will have to have someone install the system at your own expense, unless you can prove to the court that you are too poor to do so. However, you may have to end up paying partial payments or installments.
While the interlock system is likely a requirement for your first DUI, it isn’t necessarily a guarantee. If the court finds that it isn’t necessary for the community’s safety or for justice, then you may not have to have it installed in your car.
If you are placed under arrest for a DUI, it’s important that you comply with police when they make lawful requests. Don’t fight with them because that will just hurt your case, especially if you don’t have a lawyer nearby. Just stay silent and accept the consequences.
As soon as you can, make sure you hire an attorney. The police officers and prosecutors on your case are working against you. You need someone who is actively working to help you get into the best outcome possible.
Ideally, you should hire a lawyer who has experience in DUI cases. You’ll find that with Brown, Bradshaw & Moffat’s Kristin Wilson. She’s a brilliant attorney who specializes in making sure people charged with a DUI see the best possible outcome.
Call (801) 532-5297 for a free consultation.
