DUI / DWI

DUI Charges, Penalties, and Costs

Criminal penalties for a DUI vary depending on the specific circumstances of each case. First convictions are often Class B or Class A misdemeanors, which may carry a small amount of jail time, although that is often suspended in lieu of a sobriety program. More severe offenses can result in a third-degree felony with up to five years in prison.

In addition to criminal penalties, a DUI conviction carries a range of administrative penalties. A DUI conviction also results in suspension of your driving privileges for a period of at least 120 days, with the possibility of being extended an additional two years. You may be ordered to undergo additional screenings or assessments and attend education programs. You may also be ordered to install an ignition interlock, which requires you to deliver a breath sample before starting your vehicle ignition. These come with their own costs, including an installation fee of approximately $150, a removal fee of roughly the same amount, and monthly maintenance fees.

Speaking of fees, the court costs and hidden expenses associated with a DUI conviction can be complicated and difficult to understand. They can also be pretty steep. Here’s what you can expect.

First conviction: A minimum fine of $700 plus a surcharge of $630, and a court security fee of $53 or $60, depending on whether you’re in a district court or a justice court. Your minimum total comes to $1,383.

Second conviction within 10 years: A minimum fine of $800, a $720 surcharge, and the aforementioned court security fee, for a minimum of $1,573.

Felon DUI: A $1,500 minimum fine, a $1,350 surcharge, and a $53 court security fee, for a total of $2,903.

The possible consequences of a DUI conviction also extend beyond the legal realm and into your personal life. Losing your license could put your job in jeopardy by making it difficult to get to work reliably. A conviction could also show up on a background check, potentially limiting your job opportunities. It’s also likely that your car insurance costs will increase. You may need to request an SR-22 form from your insurer, which confirms that you have the minimum required liability coverage. Insurers tend to consider DUI convictions as high-risk behavior, resulting in an increase in insurance premiums.

Misdemeanor vs. Felony DUI in Utah

If this is your first DUI arrest or conviction, most of the time you’re looking at a Class B misdemeanor. Charges can be upgraded to a Class A misdemeanor based on additional circumstances, including bodily injury, a passenger under 16 (or 18 if the driver is over 21), and driving on the wrong side of the road.

When a DUI Becomes a Felony

A DUI may result in felony charges as a result of any of the following aggravating factors:

• Third or more DUI offense within 10 years
• Serious bodily injury
• Prior felony DUI conviction or automobile homicide
• BAC of 0.16 or higher
• BAC of 0.05 and any measurable controlled substance
• A combination of two or more substances

Penalties for Felony DUI Convictions

If you’re convicted of a Felony DUI, you could be sentenced to up to 5 years in prison or 60 days in jail and 60 days of electronic home confinement, along with substance abuse testing. In addition, you may be subject to one or more of the following penalties:

• Fines and fees of at least $2,903
• Participation in a 24/7 sobriety program, during which you maintain your driving privileges but must report twice a day (once in the morning and once in the evening) for a breathalyzer test
• Supervised probation
• An ignition interlock
• Suspension of driving privileges for up to two years

If your felony conviction has additional aggravating factors like a BAC over 0.16 or multiple controlled substances, you may be charged with a Third Degree Felony Plus. The penalties are the same, except that jail time, electronic home confinement, and substance abuse testing are extended to 120 days each.

How an Experienced DUI Attorney Can Reduce or Reclassify Charges

DUI defense attorneys are educated and trained in many of the same procedures as law enforcement, including the use and analysis of field sobriety tests, chemical tests, and more. A good attorney will use the same tools and techniques as law enforcement, but on your behalf, to attempt to get charges reduced or dismissed.

A DUI charge can, in some cases, be reduced to impaired driving, which eliminates the suspension of your driver’s license, or a good DUI defense attorney may be able to negotiate a plea bargain. In addition to negotiating charges, an attorney can file motions to suppress evidence by establishing a lack of reasonable suspicion or probable cause. And if you do end up going to trial, an experienced attorney will help you navigate the legal system and provide you with the best possible defense.

Driver License Suspension & Reinstatement

After a DUI arrest, a dual process is set into motion. The first side is criminal and takes place in the courts, while the second side is administrative and involves the Utah Driver License Division (DLD).

Administrative License Suspension DLD Hearing

You can continue to drive for 45 days from the date of your DUI arrest, after which your license may be suspended. Suspension of your driving privilege is a common consequence of a DUI, but there are steps you can take to prevent suspension or have your license reinstated.

Requesting a Hearing

You can request a hearing with the DLD, and you have the right to have legal counsel present at your hearing, but you must request that hearing within 10 days of your arrest. If you are already beyond the 10-day deadline, you may still request a hearing, but you’ll have to submit additional documentation explaining why your request is late, why a late hearing should be granted, and why you believe you’ll win at the hearing.

License Reinstatement Requirements

The duration of your license suspension depends on the nature of your charges and can be as short as 120 days or as long as two years. Your license can be reinstated once the allotted time has elapsed, or you can have it reinstated early in the following ways:

• Contact a hearing officer and petition for an ignition interlock. A hearing officer will review your case and determine if an ignition interlock is appropriate. Once the interlock is installed and verified, and you’ve paid any associated fees, your driving privileges may be reinstated. The interlock will remain in place for the remainder of your original suspension period.
• Enter a 24/7 sobriety program wherein you report twice per day to give a breath sample

Whether your license is reinstated early or at the end of the ordered suspension period, you’ll also have to pay a reinstatement fee of $85 and an additional administrative fee of $255.

First Offense DUI in Utah

The penalties and fines associated with a DUI arrest vary, depending on the specifics of your offense. Your charges and sentencing depend on a number of factors, including but not limited to whether it’s your first conviction. Even for a first offense, the criminal and administrative penalties can be severe.

What to Expect in a First-Time Arrest

DUI arrests typically start with an ordinary traffic stop. If an officer suspects you’re driving while impaired, you may be asked to perform field sobriety tests or submit to chemical testing. A positive result will result in arrest.

During an arrest, you should always comply with any lawful request from law enforcement and contact a lawyer as soon as possible. A first offense can result in jail time, fines, a suspended license, and other penalties, and a skilled lawyer can work to ensure the best possible outcome on your behalf.

Typical Sentencing Outcomes

A person’s first DUI charge is a Class B misdemeanor, but aggravating factors like a high BAC or driving under the influence with young passengers can enhance the charge to a Class A misdemeanor. A typical sentence includes one or more of the following:

• Two days of jail time
• Enrollment in a 24/7 sobriety program
• More than $1,300 in fines, surcharges, and fees
• Substance abuse treatment
• Supervised probation
• An ignition interlock system
• Suspension of driving privileges for between 90 days and 2 years

Opportunities for Charge Reduction or Diversion

In some cases, an attorney may be able to reduce your charges from DUI to Impaired Driving, which carries no license suspension and less severe penalties.

Impaired Driving isn’t filed as an independent charge, meaning you must first be charged with DUI and then negotiate it down to Impaired Driving charges. There’s no guarantee that a prosecutor will agree to an Impaired Driving charge, but they are more likely to consider a reduced charge for a first offense.

You may even be able to reach a diversion agreement wherein you complete certain requirements like attending a rehabilitation program, paying restitution, undergoing counseling, doing community service, etc. in order to avoid a criminal conviction. An agreement must be reached before a conviction is entered, and once completed, charges will be dismissed as if they had never been filed.

Underage DUI – “Not a Drop” Law

Every state in the nation has stringent laws surrounding driving while intoxicated before the age of 21. Some states, such as Utah, have zero-tolerance “Not a Drop” laws with severe penalties.

Utah’s Zero-Tolerance Policy for Drivers Under 21

Young people have less experience driving and less experience with the effects of alcohol, making them more likely to become impaired. Additionally, it isn’t legal for a person under the age of 21 to consume alcohol, whether they are driving or not. As a result, the laws for underage DUIs are especially strict.

While adults can legally drive with a BAC under 0.05%, Utah state law has a zero-tolerance policy for drivers under 21. Utah’s “Not a Drop” law states that a person under 21 may not operate a vehicle (including watercraft) with any detectable amount of alcohol. Put simply, a person under 21 may be charged with a DUI even if their BAC is under 0.05%. You can also be charged for being in possession of alcohol while operating a vehicle.

Penalties and License Suspension for Minors

If you are under 21 and arrested for DUI, your vehicle may be impounded, and your license may be suspended.

Drivers who are 18 years old will have their license suspended for a period of one year, and drivers who are 19 or 20 can expect a six-month suspension of driving privileges. If you refuse to submit to chemical testing, your license may be suspended until the age of 21 or for two years, whichever is longer.

If your vehicle is impounded, you’ll need to provide a copy of the Vehicle Impound Report and pay the DUI impound release of $400 before it will be released. This is true even if the arrested person is not the vehicle’s owner.

Defenses for Young Drivers Facing DUI Charges

Most states, including Utah, take underage impaired driving very seriously. The consequences for an underage DUI arrest are often more severe, making it more important than ever to have a good defense.

One of our defense attorneys can help you understand the charges you’re facing, as well as the potential consequences, and provide you with the best possible defense in court. If you’ve been arrested or charged with an underage DUI under Utah’s “Not a Drop” law, contact us.

Case Study: DUI Reduced to Impaired Driving

As previously mentioned, in some cases, a DUI charge can be reduced to Impaired Driving. After you’ve been charged, a DUI defense attorney can work with the prosecutor to determine if a charge of Impaired Driving is appropriate. If so, it may mean that all charges are dismissed upon completion of certain requirements. Here’s an example of how that can play out.

Client Background & Arrest Details

A Utah driver was arrested and charged with driving under the influence. Typically, a DUI conviction carries jail time, a suspended license, and significant fines, among other penalties. The driver worked with Utah defense attorney Katie M. Filler to address their charge.

Outcome: DUI Dropped and Jail Avoided

The client’s attorney worked quickly to negotiate the charges, reducing them from DUI to Impaired Driving. Under this agreement, the client was able to keep their driver’s license and avoid jail time. Once an individual completes all of the requirements laid out in their agreement, charges can be dismissed as if they never happened.

Key Takeaways for Future Clients

If you have been arrested and charged, but not yet convicted of DUI, you may have an opportunity to have your charges reduced and avoid a conviction. In addition to avoiding the criminal consequences of a DUI conviction, an Impaired Driving charge can be removed from your record so that it doesn’t negatively impact employment opportunities and other non-legal parts of your life. Having a good defense attorney can make all the difference.

Defenses Against Utah DUI Charges

Once you’ve been arrested and charged, the state’s legal machinery goes to work building a case against you. It’s important to have someone with the same knowledge and skills working on your behalf. A strong DUI defense can result in charges being reduced or, in some cases, dismissed entirely. Just because you’ve been charged doesn’t mean you’ll be convicted.

Unlawful Traffic Stops & Lack of Probable Cause

For a traffic stop to be lawful, an officer must first have reasonable suspicion that you are committing or have committed a crime. And in order to detain you, they must have probable cause.

That means an officer must see you driving illegally (speeding, making improper lane changes, broken tail lights, etc.) or observe signs of impairment, such as weaving in and out of your lane or driving faster or slower than those around you. If you were pulled over or detained unlawfully, that could result in evidence or charges being dismissed.

Breathalyzer and Blood Test Errors

A defense lawyer may also question the validity of breathalyzer or chemical test results. For a breathalyzer reading to be accurate, it has to be conducted correctly. An officer must first inspect the inside of your mouth for debris and observe you for 15 minutes before administering a breathalyzer to reduce the likelihood that solids or gases from your stomach will affect the results.

Law enforcement officials must also be trained and certified to use testing equipment, and that equipment must be maintained correctly. A failure at any one of these points casts doubt on the legitimacy of the charges.

Medical Conditions Mimicking Impairment

When determining if a person is driving under the influence, a police officer looks for physical clues, such as slurred speech, confusion, disorientation, and lack of coordination. While those are classic signs of intoxication, they can also result from a variety of medical conditions. Charges could be dismissed if you can demonstrate that what was assumed to be intoxication was actually caused by illness or injury.

Head trauma: The early signs of head trauma include confusion and agitation, both mental states often associated with intoxication

Auto-Brewery Syndrome (ABS): A rare condition in which yeast in the intestine converts carbohydrates and sugars from your food into alcohol. A person with ABS may experience the symptoms of intoxication even if they haven’t consumed any alcohol.

Blood sugar: Blood sugar disorders, including diabetes, can mimic intoxication in several ways. High blood sugar can produce a fruity breath odor, which may be mistaken for the scent of alcohol. Low blood sugar can cause confusion, slurred speech, and decreased coordination. Diabetic ketoacidosis causes an altered mental state and problems with coordination, all of which can appear similar to intoxication. That’s just for starters; other possible conditions that can mimic intoxication include: previous brain injury, heart conditions, panic attacks, side effects from medication, and more.

Improper Police Procedure or Rights Violations

Whenever you’re dealing with law enforcement, it’s important to know your rights. Police must have a reasonable and articulable suspicion that you have committed a crime or are currently committing a crime.

They cannot pull you over based on an anonymous phone call or detain you longer than is reasonable. They can’t pull you over for “being suspicious” as long as you haven’t broken any traffic laws. Remember that you have the right to remain silent and exercise that right. Speaking to the police beyond identifying yourself rarely benefits you.

Ask if you are free to leave. Police officers can’t detain you without probable cause. If they say you can leave, you should leave. If they say you’re being detained, ask for a lawyer.

How Our Utah DUI Lawyers Can Help

Being arrested and charged with DUI can be a stressful experience. The charges and possible consequences are serious, potentially impacting you for the rest of your life, but you don’t have to deal with them on your own. DUI defense lawyers are trained in the specifics of Utah DUI charges and how to effectively defend against them. They’ll review the specifics of your case and create a customized defense.

Investigating the Arrest and Testing Procedures

Law enforcement must follow all applicable police procedures during the course of your arrest. Testing machines must also be properly maintained, and officers must be trained and certified in their use. A DUI defense lawyer will review your arrest to look for rights violations, errors in testing procedures, and more, to build a strong defense for the state’s case.

Negotiating Charge Reductions or Dismissals

One of the major ways a lawyer can help your case is by negotiating with the prosecutor to reduce or dismiss charges. It’s not unheard of for additional charges to be dismissed and DUI charges to be reduced to Impaired Driving charges, as described in the above case study. These negotiations benefit both the state and the accused by reducing or eliminating time spent in court and by minimizing the long-term consequences of a DUI conviction.

Representing You in Court and DLD Hearings

Most of us aren’t fluent in legalese or familiar with specific legal statutes. When it’s time to appear for your day in court, it helps to have an expert on your side. That’s where a DUI defense lawyer comes in to represent you in court, defend your rights, and present your best case.

A DUI lawyer can also represent you during hearings with the DLD. After a DUI arrest, the process to suspend your license is automatically initiated. You only have 10 days after your arrest to request a hearing. A lawyer can request the hearing on your behalf.

A DUI arrest is a stressful situation with quick and unforgiving deadlines. A trained DUI lawyer will help you to successfully navigate these unfamiliar and confusing circumstances.