We cut through complex statutes to make the ramifications of your arrest — and your options — clear
Even without injuries or property damage involved, charges of driving under the influence (DUI) of alcohol of drugs represent a potential nightmare. There is sure to be a large fine if you are convicted and jail time, even if it is your first time. And there’s also the possibility of having your driver’s license suspended. Fillmore Spencer LLC and their DUI lawyers in Provo aggressively defend you against DUI charges, seeking to keep a conviction off your record.
Utah assumes that in exchange for receiving the privilege to drive on the state’s roads, you implicitly consent to submit to whatever tests police might administer should they stop you on suspicion of DUI. If you refuse to submit to blood alcohol content (BAC) or other sobriety test, you will be cited for violating implied consent. You will be fined and your license immediately revoked and replaced with a permit that will allow you drive for the next 29 days. Within 10 days, you should schedule a hearing to appeal your license suspension.
Failure to prove the authorities had no good reason to pull you over will land you an 18-month license suspension. That’s for your first refusal. Second and subsequent refusals within a 10-year period, or after you have been convicted for a DUI within the past 10 years, will result in a license suspension of three years.
On the other hand, if you submit to testing and are convicted of DUI, you may go to jail for 48 hours, pay a fine of $700, receive home confinement with electronic monitoring, perform community service, submit to drug or alcohol assessment and perhaps undergo treatment for substance abuse. If it is your first DUI, your license will be suspended for 120 days.
First DUI, Class B misdemeanor
Second DUI within 10 years, Class B misdemeanor
Third DUI within 10 years, Third Degree felony
|Possible Jail Term
Zero to five years in prison
Up to $1,000
Up to $1,000
Up to $5,000
|Possible License Suspension
24 months or more
Keep in mind that these penalties apply when your BAC measures up to 0.1599. A higher BAC level brings more severe penalties, as well as the requirement to use an ignition interlock device. Given the complexities of DUI penalties, it pays to retain an experienced Utah DUI attorney.
Utah has a zero tolerance drugged-driving law for cannabis, cannabis metabolites and other controlled substances. That means if you are arrested for suspicion of drugged driving and your bloodstream has any trace of either the drug or a compound left by the drug from consumption days earlier, you could be convicted — whether you are under the influence of the drug or not. A first offense calls for mandatory imprisonment of 48 hours to not more than six months. And being a drug-related offense, a drugged-driving conviction may bring a driver’s license suspension of six months.
In Utah, a first-time DUI may be eligible for expungement ten years after you complete your sentence, assuming you meet all other requirements. Fillmore Spencer LLC and their DUI lawyers in Provo help you determine if you meet complex expungement law requirements and handles the process expeditiously. The prosecution and any victim from your case are given six days in which to object to your application. Thereafter, the court makes its decision.
There are many more consequences to a DUI than just jail time, a fine and the possible loss of your driving privileges. A DUI establishes a criminal record that makes it harder for you to find employment and apply for credit. It drives all your auto, life and health insurance premiums up. It also disqualifies you from enlisting in the armed forces and serving in public office. The minute you are charged with a DUI, call Fillmore Spencer LLC in Provo at (801) 851-1266 or contact us online for a free initial consultation.