St. George DUI Attorney
What to Do If You Are Arrested for DUI in Utah
Utah's new DUI law lowered blood alcohol concentration (BAC) limit from 0.08 to 0.05 percent in its newest DUI law. The new law, which went into effect December 30, 2018, is the strictest DUI law in the nation and comes with a number of harsh penalties.
If you are pulled over for driving under the influence of drugs/alcohol in Utah, there are some things you need to know. You are not required to answer any questions, or perform any field sobriety tests, like any eye tests or standing/walking tests. However, if you are arrested, you will be asked to submit to a “chemical test” which is a breath, blood, urine or saliva test, that you have “consented” to give in exchange for the privilege of driving on Utah’s roads, whether you live here, or not.
You should always consent to giving that chemical sample, because refusal to do so results in an 18 month drivers license suspension – whether you live here, or not. And you have already been arrested, so obtaining a probable cause search warrant from a judge will only take about 20 minutes. So, if you are arrested, give the sample. However, if you have been arrested for DUI or have had your license suspended, you are not without options. As your St. George DUI attorney, I can help you combat the charges against you and work to reinstate your driving privileges.
Contact our St. George DUI lawyer online or by phone at (435) 228-7077 for a free, confidential consultation. Your call will always be returned within 24 hours.
Penalties for DUI in Utah
Under Utah’s new DUI law, certain drivers could find themselves over the legal limit after just one drink. Your blood alcohol content, or BAC, depends on a number of factors aside from the amount of alcohol you have consumed, including your size, weight, metabolism, and food intake. Furthermore, law enforcement officials are permitted by law to arrest you for DUI if you are not in “actual physical control” of a vehicle. This means that you can get a DUI even if you are not actually driving. Something as seemingly minor as sitting in the driver’s seat of a parked vehicle with the keys in the ignition could result in a DUI.
First DUI in Utah
Mandatory 2 days in jail or 48 hours of community service with a maximum of 180 days in jail and minimum fines of $1,310 as well as a driver’s license suspension of 120 days. All alcohol DUI convictions now require one year of Ignition Interlock Device on every car you drive. If BAC is at least 0.16 percent, mandatory ignition interlock device installed on your vehicle for 3 years.
Second DUI in utah
Mandatory 10 days in jail or 5 days in jail with 30 days of electronic monitoring (maximum of 180 days in jail); minimum fines of $1,560; driver’s license suspension of 2 years; and, if you have received at least 1 prior DUI conviction in the past 10 years, mandatory ignition interlock device installed on your vehicle for 2 years
third dui in utah
Mandatory 62.5 days in jail (if a prison sentence is not ordered) with a maximum of 5 years in prison; minimum fines of $2,850; driver’s license suspension of 2 years; and, if you have received at least 1 prior DUI conviction in the past 10 years, mandatory ignition interlock device installed on your vehicle for 2 years
It is important to note that a third DUI arrest or a current DUI arrest with qualifying prior convictions of Impaired Driving or Alcohol Reckless Driving, or similar charges in other states, within a timeframe of 10 years will be prosecuted as a felony. If convicted, you will be sentenced to at least 62.5 days in jail.
Additionally, Utah has what is known as the “not-a-drop” DUI law for minors. If you are under the legal drinking age of 21, you may not operate a vehicle with any detectable trace of alcohol in your system. Utah also enhances charges and penalties if you are charged with a DUI and have a person under age 16 in the car with you, or are involved in a collision. Remember that our St. George DUI lawyer is here to help you. Call(435) 228-7077 today.
Alcohol Restricted Driver (ARD)
It is important to note that under Utah law, if you refuse to submit to a BAC test or if you have been convicted of a DUI that you will be on what is known as an alcohol restricted driving privilege. You will not be allowed to drive with any level of alcohol in your system. If you violate the no alcohol restriction you will face a one-year revocation of your driving privilege.
ARD Penalty Breakdown:
- First-time offense for DUI – 2 years
- First Arrest for a Chemical Test Refusal – 5 years
- Second offense for DUI or second arrest for a chemical test refusal (within 10 years of the first offense) – 10 years
- Felony DUI or Vehicular Homicide – life
DUIs in Southern Utah's State & National Parks
State and national parks throughout Southern Utah are an ideal place for off-road vehicles such as Razors, ATVs, and dirt bikes. However, law enforcement officials will issue DUIs to individuals driving these types of off-road vehicle.
The following is a list of state and national parks that enforce Utah drunk and drugged driving laws:
Lake Powell (Lake Powell National Recreation Area) (Federal Court)
Zion National Park (Federal Court)
Bryce Canyon National Park (Federal Court)
Capital Reef National Park (Federal Court)
Arches National Park (Federal Court)
Canyonlands National Park (Federal Court)
Sand Hollow State Park and Reservoir (State: St. George District or Hurricane Justice Court)
Quail Hollow State Park and Reservoir (State, St. George District or Hurricane Justice)
Snow Canyon State Park (State, St. George District or Washington County Justice)
Remember, if you break criminal laws in national parks, you will face federal charges since they are considered federally owned land. A federal DUI is punishable by a maximum federal prison sentence of six months, probation for up to five years, and/or fines of up to $5,000.
St. George DUI Attorney with 33 Years of DUI Defense Experience
Regardless of your situation, it is crucial that you hire a St. George DUI attorney as soon as possible after your arrest. It may be possible to have your driver’s license reinstated, but your attorney must act quickly. Additionally, the sooner your attorney can begin building a case on your behalf, the better.
I cover DUI and misdemeanor cases in justice courts throughout Southern Utah. If your case is in Santa Clara, Washington City, Hurricane, Cedar City, Beaver, Kanab or in Kane, Beaver, Iron or Washington County, Utah, I can provide you with the highest quality legal assistance.
For more than three decades, I have defended individuals accused of all types of serious crimes, including DUI, throughout the state of Utah. I have personally handled more than 100 jury trials and have earned the respect of my fellow attorneys and local judges. I understand that good people can end up in tough situations; my goal is to provide you with the empathetic, personalized legal guidance you need and the aggressive advocacy you deserve.
For a free consultation, call our St. George DUI lawyer at (435) 228-7077. Payment plans are available.
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