Who should you call when the odds are against you?  Kelly Cardon, Attorney at Law.

If you are arrested for a Utah DUI you will be facing two cases. One is a criminal case brought against you by the state of Utah that is resolved in the courts. The other is a license revocation or suspension case that will be brought against you by the Utah Driver's License Division.

In order to keep driving privileges in a Utah DUI case, you must prevail both before the court and the Driver License Division (DLD) separately. The Driver License Division (DLD) will grant you an opportunity for a civil administrative hearing, upon receiving a written request within 10 calendar days of arrest.
Failure to properly request a hearing or to appear for a hearing will result in mandatory loss of driving privileges for as little as 90 DAYS and could be for SEVERAL YEARS.

In Utah, it is illegal to drive a motor vehicle with a blood alcohol content (BAC) of .08% or more. Your BAC can be determined through chemical testing from your blood, breath or urine. In Utah we have an Implied Consent Law, which means that if you have a driver's license, you have impliedly consented to submitting to a chemical test if properly asked by police. If you refuse a chemical test, you could face harsher consequences. However, you can be arrested with a BAC lower than .08% if an officer feels that you are unsafely or appear otherwise impaired.

DUI Penalties

 

The ramifications and penalties for DUI have steadily increased over the years and the legislature annually enhances punishment for DUIs.

It is a crime in Utah to operate a motor vehicle with a blood alcohol content (BAC) at or above .08%

 

If convicted of DUI, you could face penalties, which may include:

  • Loss or suspension of driver's license
  • Probation
  • Community service
  • Up to a $5,000.00 fine
  • License plate suspension
  • Seizure of your vehicle
  • Mandatory drug/alcohol counseling/classes
  • Jail or prison time
  • Installation of an ignition interlock device
  • Requirement of high-risk (high-cost) insurance
  • Liability for any personal or property damage you caused
  • "No Alcohol" Conditional License
  • A 48-hour jail sentence