St. George DUI Attorney
What to Do If You Are Arrested for DUI in Utah
In 2018, Utah lowered its 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 Edward D. Flint online or by phone at (435) 228-7077 for a free, confidential consultation. Your call will always be returned within 24 hours.
Consequences 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.
The penalties for DUI in Utah are strict and include:
- First Offense: Mandatory 2 days in jail or 48 hours of community service with a maximum of 180 days in jail; minimum fines of $1,310; driver’s license suspension of 120 days; and, all alcohol DUI convictions now require one year of Ignition Interlock Device on every car you drive, and if BAC is at least 0.16 percent, mandatory ignition interlock device installed on your vehicle for 3 years.
- Second Offense: 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 Offense: 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
Put Over 33 Years of DUI Defense Experience on Your Side
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.
Smart, Experienced, Responsive- Former Client
Edward Flint Is A Warrior- Tyler
Top Marks- Doug
A Great Attorney and A Great Man- Taylor
Understanding and Kind- Brooke
Obtained Plea State v. AH
Obtained Plea State v. CB.
Case Resolved State v. GJ
Case Resolved State v. JS.
Obtained Plea State v. Matthew Cipriano
Not Guilty State v. NR.
Dismissed State v. Rodney Belin
Plea Agreement State v. Seth Cox
Resolved with Plea State v. WV
Dismissed State vs. Caitlyn Homer