What Happens If You Are Vacationing in Utah and Get a DUI?
During the summer, Utah is a vacation paradise. Our state boasts 5 National Parks, including Zion, Bryce Canyon, Arches, Canyonlands, and Capitol Reef along with 45 State Parks.
As a Utah DUI Defense Attorney, I am frequently asked, “What happens if I get arrested for DUI in Utah while vacationing from another state?” It is a good question since every state has their own DUI Laws.
Like most states, in Utah you can be arrested for driving any motor vehicle while you are impaired by drugs or alcohol. This means you can be arrested for driving a boat, jet skis and OTVs.
DUI Arrests In Utah
Simply put, you are subject to Utah’s DUI Laws and Penalties.
- The police officer will confiscate your drivers license.
- Once arrested you may go directly to jail.
- Depending on the police jurisdiction your car may be impounded.
- You have only 10 days to request a Driver’s license hearing with the Utah DMV.
- After you have been arrested you have the right to call a lawyer.
Once you are arrested, you come under Utah’s implied consent law and must take a chemical test. All tests can be performed at the the jail, hospital or in a clinic. The officer can choose the test and require more than one test.
- Breath Test – the most common test.
- Blood Draw – this test is like any normal blood draw.
- Saliva Test – this test is done by swabbing your check and gum for about 2 minutes.
- Urine Test – this test is not very common and consists of taking a urine sample.
If your refuse a chemical test, your license (no matter what state you live in) may be immediately suspended for 18 months.
You Must Do Something
Do not think that you can just go home and ignore a DUI arrest while vacationing in any state. Remember, we live in a high tech information age. The DMV will report your DUI arrest to your home state. Your home state will consider your license suspended until you have complied with all of Utah’s DUI arrest requirements.
Utah DUI and Criminal Charges
With every DUI arrest comes criminal charges from the state where you committed the offense. You can not ignore these. If you do, a warrant for you arrest will be issue and put into a national data base. Fines in the state where the offense was committed and possibly in your home state will continue to accumulate.
Make not mistake, you should plan on returning to Utah to handle all charges against you. A lawyer can set up hearings for you and help you keep track of when you need to return.
What You Should Do if You are Arrested?
Immediately contact a Utah DUI defense lawyer. A good attorney will help you understand exactly where you stand and what your will need to do to handle your drivers license, car impound and criminal charges. Your attorney will let you know if your have a case for lessening or dismal of the charges against you.
Keep a record of your arrest:
- Make notes of what occurred during the stop.
- What did the officer say to you when he came to your car?
- What other conversations did you have with the officer?
- What tests did you take?
- Write down everything you remember about how the tests were conducted.
- Keep notes of all details for your lawyer to review.
Enjoy your stay in our beautiful state. Be wise, do not drink or take drugs and drive.
Cara Tangaro, Utah DUI Defense Attorney
P.S. If you happen to find yourself facing a DUI arrest in Utah while on vacation from another state take advantage of your right to an attorney and call me. I can help.