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Park City, Utah DUI Lawyer – Utah DUI Laws and Penalties

 

 

 

 

 

Utah DUI Lawyer - Utah Leagal Elite

More often than not, we become curious about Utah DUI laws and penalties once we have been arrested for DUI.  As a Park City, Utah DUI Lawyer and a DUI Defense Lawyer in Utah, I have witnessed the devastating effects that Utah DUI penalties can have on those who are arrested and on their family and friends.

Hidden and Devastating Costs of DUI

Divers License Suspension: In addition to the criminal penalties, Utah’s Drunk Driving law allows a peace officer to confiscate your Utah drivers license upon arrest for driving under the influence and allows the Division to suspend your license beginning on the 30th day after the date of arrest.

Reinstating your drivers license: After a suspension, often a person will be required to obtain an assessment and follow through on a recommendation for appropriate action from a substance abuse program before their license is reinstated. This not only takes time but also costs money.

Car Impound: Right off the bat you will have to pay $350.00 impound fee to the DMV if your car is impounded. In addition, you will be required to pay an impound fee to the impound lot.

Lost Work: Not only do you lose work time and may even lose pay in order to attend hearings and make court appearances, now days many companies will be looking at your criminal record as part of their hiring process.

Immigration hold or stop: A DUI conviction could delay your ability to naturalize and become a U.S. citizen. Some individuals may even find themselves in immigration custody.

Hike in insurance rates: Once you have recovered your drivers license you will need expensive DUI auto insurance before you can get back on the road.

Unable to drive: Just imagine not having a drivers license. The impact on your life and the lives of those around you would be overwhelming.

The Good News

You do have the right to an attorney. A good Utah DUI attorney will look at every aspect of your arrest to find a way to request that the criminal charges against you are either dropped or lessened. If at all possible, they will also help you retain your drivers license.

Utah DUI Penalties

Penalties for Drivers Under the age of 19.

Not-a-Drop arrest: 6 months suspension starting 30 days from the date of arrest. Not-a-Drop means there is zero tolerance for any alcohol.

Per-Se arrest: Effective 30 days from the date of arrest, 2 year automatic suspension. DUI Per Se means you have been charged with having a blood alcohol content (BAC) above the legal limit of 0.08%.

First Offense: Drivers license suspension for not less than 6 months. *Plus fines and criminal charges.

Second Offense: On date of arrest you may have your driver license suspended until you are 21 years of age or for a period of two years, whichever is longer. *Plus fines and criminal charges.

Penalties for Under Age Drivers 19 to 21 years old.

Not-a-Drop arrest: 1 year suspension starting 30 days from the date of arrest. Not-a-Drop means there is zero tolerance for any alcohol.

Per-Se arrest: Effective 30 days from the date of a 2 year automatic suspension. DUI Per Se means you have been charged with having a blood alcohol content (BAC) above the legal limit of 0.08%.

First Offense: Suspension of drivers license for 1 year. *Criminal charges and fines.

Second Offense: Under Utah’s Not-a-Drop statute, if you have had your license suspended previously, you may have you license suspended for 2 years or until you are 21 years of age, which ever is longer. *Criminal charges and fines.

Implied Consent Law: When you are driving in Utah you have consented to take a chemical test if you are arrested for DUI. Refusing to take a chemical test if you are under the age of 21, your license will be revoked for either two (2) years for a first offense, or 36 months for a second offense; or until you reach the age of 21, whichever is longer.

Substance Abuse Programs: In order for a person to reinstate their driving privileges, after a suspension under Utah’s not a drop statute you must obtain an assessment and successfully complete the recommended program for substance abuse.

*Criminal Charges for drivers under 21.

Alcohol Restricted Driver: Drivers under 21 years of age who have been found to operate or have been in control of a vehicle and have any measurable alcohol in their system is considered an “alcohol restricted driver.” They are subject to a possible class B misdemeanor conviction with a fine of up to $1000.00 and up to 6 months in jail.

Minor In Possession: A class B misdemeanor with the possibility of up to 6 months in jail and a fine of up to $1000.00. Any person under 21 found to have any measurable alcohol in their system is considered a “minor in possession.”

Penalties for Drivers 21 years and older.

First Offense:

  • Drivers License suspension for 120 days
  • 48 hrs. of jail time
  • Fines of at least $700.00

Second Offense:

  • Drivers License Suspension for 2 years
  • 240 hrs. of jail time
  • Fines of at least $800.00
  • Ignition interlock device

Third Offense:

  • Drivers License Suspension for 2 years
  • 1,500 hrs. of jail time
  • Fines of at least $1,500.00
  • Ignition interlock device

 

Utah Implied Consent Law: If an officer asks you to take a chemical 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 36 months for a second or subsequent offense.

The Wrong Thing to Do is Nothing

With so much at stake, you must take immediate action. You only have 10 days after a DUI arrest to file for a drivers license hearing.

Although all may seem hopeless and very hard to confront, hiring a Park City, Utah DUI lawyer will help. You will know immediately if you have good reason to fight all charges.

Utah DUI Attorney, Cara Tangaro of Tangaro Law serves clients in Park City, Utah. Recently, her peers named her Utah Legal Elite for DUI defense.

“In 2014 I was named as Utah Legal Elite for DUI defense. This selection reiterates the effort and fight that I put into my clients cases.”
Cara Tangaro, Park City, Utah DUI Lawyer

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