DWI/DUI - Drunk Driving Laws And Attorneys In Utah
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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UTAH DRIVING UNDER THE INFLUENCE (DUI) LAW
According to Utah Code Annotated § 41-6- 44(2)(a), “a person may not
operate or be in actual physical control of a vehicle within this state if the
person: (i) has sufficient alcohol in his body that a subsequent chemical
test shows that the person has a blood or breath alcohol concentration
of .08 grams or greater at the time of the test; (ii) is under the influence
of alcohol, any drug, or the combined influence of alcohol and any drug
to a degree that renders the person incapable of safely operating a
vehicle; or (iii) has a blood or breath alcohol concentration of .08 grams
or greater at the time of operation or actual physical control.”
Utah Implied Consent Law: If an officer requests you to take a test to
see if you have alcohol or drugs in your system (including prescription
medication) and you refuse to be tested, your license may be revoked for
18 months for the first offense, and two years for a second or
subsequent offense.
Younger than 21 Years of Age: A zero tolerance policy exists for all
drivers younger than 21 years of age. A driver in this age group may not
operate a motor vehicle or motorboat with any amount of alcohol in the
body. A first violation results in a 90-day license suspension while a
second or subsequent violation within three years results in a one-year
license suspension.
DUI Offenses And Aggravating Factors
A 1st or 2nd DUI Offense is a CLASS B MISDEMEANOR
1) Aggravating factors that elevate a 1st or 2nd DUI offense to a CLASS A
MISDEMEANOR:
a) offender caused bodily injury to another;or
b) offender had a passenger under 16 years of age in the vehicle at the
time of the offense; or
c) offender was 21 years of age or older and had a passenger under 18
years of age in the vehicle at the time of the offense.
2) Aggravating factors that elevate a 1st or 2nd DUI offense to a THIRD
DEGREE FELONY
a) offender caused serious bodily injury to another; or
b) offender was previously convicted of automobile homicide under Utah
Code Ann. § 76-5-207 and the automobile homicide was committed
after July 1, 2001; or
b) offender was previously convicted of any felony DUI offense.
3) A 1st or 2nd DUI offense is also a THIRD DEGREE FELONY IF
offender has two or more prior convictions within the last ten years. For
purposes of this enhancement, “conviction” includes a
conviction of any of the following:
a) DUI
b) alcohol-related reckless driving
c) driving with any measurable controlled
substance that is taken illegally
d) automobile homicide
Jail Sentences, Fines, Penalties For A DUI Conviction
1) For a first misdemeanor conviction, the court SHALL do one of the
following:
a) impose a jail sentence of not less than 48 consecutive hours; or
b) require the person to work in a compensatory work service program
for not less than 48 hours; or
c) require the offender to participate in home confinement through the
use of electronic monitoring.
2) For a second misdemeanor conviction within ten years, the court
SHALL do one of the following:
a) impose a jail sentence of not less than 240 consecutive hours; or
b) require the offender to work in a compensatory work service program
for not less than 240 hours; or
c) require the offender to participate in home confinement through the
use of electronic monitoring.
3) For a third or subsequent misdemeanor offense within 10 years or for
any felony offense, the court SHALL:
a) sentence the offender to prison or impose a jail sentence of not less
than 1,500 hours.
Probation
The court MAY order supervised probation for a first misdemeanor
conviction.
The court SHALL order supervised probation for a second
misdemeanor conviction, any misdemeanor conviction if the BAC of the
defendant was .16 or higher, a felony conviction if the court does not
impose a prison term.
Electronic Monitoring
The court MAY order the defendant to participate in home confinement
through the use of electronic monitoring as an alternative to all or part of
a jail sentence for a first or second misdemeanor conviction.
Additionally, if the court chooses to sentence a felony DUI defendant to
probation, the court may include electronic monitoring as a condition of
probation.
Fines
The court SHALL impose a fine of:
a) not less than $700 for a first misdemeanor conviction; or
b) not less than $800 for a second misdemeanor conviction; or
c) not less than $1500 for a felony conviction.
Compensatory Work Service Program
The court MAY order the defendant to work in a compensatory work
service program as an alternative to all or part of a jail sentence for a
first or second misdemeanor conviction. The minimum number of
compensatory work service program hours for a first misdemeanor
conviction is 48 while the minimum for a second misdemeanor
conviction is 240.
Screening and Assessment: The court SHALL order every DUI offender
to participate in a screening and assessment.
Education: For first and second time offenders the court SHALL order
the offender to participate in an educational series if the court does not
order substance abuse treatment.
Treatment: The court MAY order substance abuse treatment for a first
or second offense. The court SHALL order substance abuse treatment
for a third or subsequent conviction or for any other felony conviction.
Drivers License Suspension: The Driver License Division SHALL
suspend the offender’s license for 90 days upon a first DUI conviction;
and revoke the offender’s license for one year upon a second or
subsequent DUI conviction. The court MAY order an additional
suspension or revocation of the offender’s license for a period of 90
days, 180 days, one year or two years.
Driving While License Is Suspended Or Revoked: If you drive while your
license is denied, suspended, or revoked you may be sentenced to jail
for 90 days and be required to pay a fine.
Ignition Interlock: The court MAY order the installation of an ignition
interlock system for any offender convicted of DUI who is sentenced to
probation. The court SHALL order the installation of an ignition interlock
system for any offender convicted of DUI who is under the age of 21
when the violation occurred; or any offender convicted of a second or
subsequent DUI within 10 years of a prior conviction.
No Alcohol Conditional License: Drivers previously convicted of a DUI
offense are more likely than other drivers to be subsequently arrested
for a DUI offense (Brewer et al. 1994). This fact has led several states,
including Utah, to enact zero tolerance policies for those convicted of
DUI. Utah law mandates that the Driver License Division issue a no
alcohol conditional license to any person convicted of a qualifying
offense once that person has completed any applicable license
suspensions or revocations, or upon conviction if no suspensions or
revocations result from the conviction. These restrictions remain in
place for two years following a first qualifying conviction or six years
following a second or subsequent conviction.
Utah Commercial Drivers
It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .
04% or more. If you operate a CMV, you shall be deemed to have given
your consent to alcohol testing. You will lose your CDL for at least one
year for a first offense for: Driving a motor vehicle while under the
influence of alcohol, drugs, a controlled substance, or more than one of
these. Driving a commercial motor vehicle while the concentration of
alcohol in your blood, breath, or urine is .04 grams or more. Refusal to
submit to a test to determine the BAC of your blood, breath, or urine.
Driving a commercial motor vehicle while your CDL is disqualified,
suspended, revoked, or canceled.
You will lose your CDL for at least three years if the offense occurs while
you are operating a CMV that is placarded for hazardous materials.
You will lose your CDL for life for a second offense of any of the above.
You will be put our-of-service for 24 hours if you have any detectable
amount of alcohol under .04%. You will lose your CDL: for at least 90
days if you have committed one violation of an out-of-service order. For
at least one year if you have committed two out-of-service violation
orders in a ten-year period. For at least three years if you have
committed three or more out-of-service violation orders in a ten-year
period.
Find DWI/DUI Lawyers And Attorneys In Utah
According to Utah Code Annotated § 41-6- 44(2)(a), “a person may not
operate or be in actual physical control of a vehicle within this state if the
person: (i) has sufficient alcohol in his body that a subsequent chemical
test shows that the person has a blood or breath alcohol concentration
of .08 grams or greater at the time of the test; (ii) is under the influence
of alcohol, any drug, or the combined influence of alcohol and any drug
to a degree that renders the person incapable of safely operating a
vehicle; or (iii) has a blood or breath alcohol concentration of .08 grams
or greater at the time of operation or actual physical control.”
Utah Implied Consent Law: If an officer requests you to take a test to
see if you have alcohol or drugs in your system (including prescription
medication) and you refuse to be tested, your license may be revoked for
18 months for the first offense, and two years for a second or
subsequent offense.
Younger than 21 Years of Age: A zero tolerance policy exists for all
drivers younger than 21 years of age. A driver in this age group may not
operate a motor vehicle or motorboat with any amount of alcohol in the
body. A first violation results in a 90-day license suspension while a
second or subsequent violation within three years results in a one-year
license suspension.
DUI Offenses And Aggravating Factors
A 1st or 2nd DUI Offense is a CLASS B MISDEMEANOR
1) Aggravating factors that elevate a 1st or 2nd DUI offense to a CLASS A
MISDEMEANOR:
a) offender caused bodily injury to another;or
b) offender had a passenger under 16 years of age in the vehicle at the
time of the offense; or
c) offender was 21 years of age or older and had a passenger under 18
years of age in the vehicle at the time of the offense.
2) Aggravating factors that elevate a 1st or 2nd DUI offense to a THIRD
DEGREE FELONY
a) offender caused serious bodily injury to another; or
b) offender was previously convicted of automobile homicide under Utah
Code Ann. § 76-5-207 and the automobile homicide was committed
after July 1, 2001; or
b) offender was previously convicted of any felony DUI offense.
3) A 1st or 2nd DUI offense is also a THIRD DEGREE FELONY IF
offender has two or more prior convictions within the last ten years. For
purposes of this enhancement, “conviction” includes a
conviction of any of the following:
a) DUI
b) alcohol-related reckless driving
c) driving with any measurable controlled
substance that is taken illegally
d) automobile homicide
Jail Sentences, Fines, Penalties For A DUI Conviction
1) For a first misdemeanor conviction, the court SHALL do one of the
following:
a) impose a jail sentence of not less than 48 consecutive hours; or
b) require the person to work in a compensatory work service program
for not less than 48 hours; or
c) require the offender to participate in home confinement through the
use of electronic monitoring.
2) For a second misdemeanor conviction within ten years, the court
SHALL do one of the following:
a) impose a jail sentence of not less than 240 consecutive hours; or
b) require the offender to work in a compensatory work service program
for not less than 240 hours; or
c) require the offender to participate in home confinement through the
use of electronic monitoring.
3) For a third or subsequent misdemeanor offense within 10 years or for
any felony offense, the court SHALL:
a) sentence the offender to prison or impose a jail sentence of not less
than 1,500 hours.
Probation
The court MAY order supervised probation for a first misdemeanor
conviction.
The court SHALL order supervised probation for a second
misdemeanor conviction, any misdemeanor conviction if the BAC of the
defendant was .16 or higher, a felony conviction if the court does not
impose a prison term.
Electronic Monitoring
The court MAY order the defendant to participate in home confinement
through the use of electronic monitoring as an alternative to all or part of
a jail sentence for a first or second misdemeanor conviction.
Additionally, if the court chooses to sentence a felony DUI defendant to
probation, the court may include electronic monitoring as a condition of
probation.
Fines
The court SHALL impose a fine of:
a) not less than $700 for a first misdemeanor conviction; or
b) not less than $800 for a second misdemeanor conviction; or
c) not less than $1500 for a felony conviction.
Compensatory Work Service Program
The court MAY order the defendant to work in a compensatory work
service program as an alternative to all or part of a jail sentence for a
first or second misdemeanor conviction. The minimum number of
compensatory work service program hours for a first misdemeanor
conviction is 48 while the minimum for a second misdemeanor
conviction is 240.
Screening and Assessment: The court SHALL order every DUI offender
to participate in a screening and assessment.
Education: For first and second time offenders the court SHALL order
the offender to participate in an educational series if the court does not
order substance abuse treatment.
Treatment: The court MAY order substance abuse treatment for a first
or second offense. The court SHALL order substance abuse treatment
for a third or subsequent conviction or for any other felony conviction.
Drivers License Suspension: The Driver License Division SHALL
suspend the offender’s license for 90 days upon a first DUI conviction;
and revoke the offender’s license for one year upon a second or
subsequent DUI conviction. The court MAY order an additional
suspension or revocation of the offender’s license for a period of 90
days, 180 days, one year or two years.
Driving While License Is Suspended Or Revoked: If you drive while your
license is denied, suspended, or revoked you may be sentenced to jail
for 90 days and be required to pay a fine.
Ignition Interlock: The court MAY order the installation of an ignition
interlock system for any offender convicted of DUI who is sentenced to
probation. The court SHALL order the installation of an ignition interlock
system for any offender convicted of DUI who is under the age of 21
when the violation occurred; or any offender convicted of a second or
subsequent DUI within 10 years of a prior conviction.
No Alcohol Conditional License: Drivers previously convicted of a DUI
offense are more likely than other drivers to be subsequently arrested
for a DUI offense (Brewer et al. 1994). This fact has led several states,
including Utah, to enact zero tolerance policies for those convicted of
DUI. Utah law mandates that the Driver License Division issue a no
alcohol conditional license to any person convicted of a qualifying
offense once that person has completed any applicable license
suspensions or revocations, or upon conviction if no suspensions or
revocations result from the conviction. These restrictions remain in
place for two years following a first qualifying conviction or six years
following a second or subsequent conviction.
Utah Commercial Drivers
It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .
04% or more. If you operate a CMV, you shall be deemed to have given
your consent to alcohol testing. You will lose your CDL for at least one
year for a first offense for: Driving a motor vehicle while under the
influence of alcohol, drugs, a controlled substance, or more than one of
these. Driving a commercial motor vehicle while the concentration of
alcohol in your blood, breath, or urine is .04 grams or more. Refusal to
submit to a test to determine the BAC of your blood, breath, or urine.
Driving a commercial motor vehicle while your CDL is disqualified,
suspended, revoked, or canceled.
You will lose your CDL for at least three years if the offense occurs while
you are operating a CMV that is placarded for hazardous materials.
You will lose your CDL for life for a second offense of any of the above.
You will be put our-of-service for 24 hours if you have any detectable
amount of alcohol under .04%. You will lose your CDL: for at least 90
days if you have committed one violation of an out-of-service order. For
at least one year if you have committed two out-of-service violation
orders in a ten-year period. For at least three years if you have
committed three or more out-of-service violation orders in a ten-year
period.
Find DWI/DUI Lawyers And Attorneys In Utah
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