What Are the Penalties for DUI in Utah?

The penalties you should expect to face following a Utah DUI offense are substantial. While some of the consequences you face are criminal in nature, you may also find that your conviction prevents you from holding certain jobs. If your arrest was for felony DUI, you might also face other associated repercussions and collateral consequences, including the loss of your right to bear arms, among others. 

The criminal consequences you could face following a DUI in Utah are as follows.

Penalties for first-time offenders who are over 21

Following a first-time drunk driving violation, you may have to spend at least 48 hours behind bars. You might be able to avoid this by instead performing at least 48 hours of community service. You should also expect to pay fines and surcharges that fall somewhere in the ballpark of $1,380, and you must also undergo screening at a state-approved alcohol treatment agency. 

Depending on circumstances, you may also have to participate in probation following your drunk driving conviction. You also stand to lose your license for 120 days. Once you regain the right to drive, you must install and finance an IID on your vehicle and any others you drive at your own expense. 

Penalties for second-time offenders who are over 21

If you are 21 or over and receive a second DUI conviction within the same 10-year span, the DUI penalties you face are even harsher. In addition to either 10 days in jail or five days in jail followed by 30 days of house arrest, you also face fines totaling about $1,570, supervised probation, IID requirements, and a two-year revocation of your license. You also must undergo screening through an alcohol treatment provider.

Penalties for third-time offenders who are over 21

A third DUI within the same 10-year span constitutes a third-degree felony. This offense may lead to at least 62.5 days behind bars, about $2,900 in fines and surcharges, supervised probation, IID requirements, and a two-year loss of your license. This conviction also requires that you undergo screening through a state-approved alcohol treatment provider. 

Other crimes relating to drinking and driving, such as DUI manslaughter, may lead to even harsher penalties. 

Insurance-related consequences

Utah residents who have drunk driving histories almost always see their insurance rates rise after regaining driving privileges. Insure.com reports that the typical Utah motorist who receives a first-time drunk driving conviction sees his or her annual insurance premiums increase by about 54%. 

If prior to your DUI, you had a pretty normal driving record, you may have paid about $1,212 for insurance each year. A DUI can cost you an additional $656 a year in terms of insurance expenses, with Utah first-time DUI offenders paying closer to $1,868 annually for coverage.

What Are Some Common DUI Defenses?

Many Utah residents who receive charges for DUI but then have those charges dismissed share similar defenses. DUI attorneys may be able to help you work through the details of your case and arrest to determine whether law enforcement officials followed laws and protocols when charging you. 

The first thing your DUI lawyer may ask you is to describe why the law enforcement officer stopped your car in the first place. Authorities need to have “probable cause” or “reasonable suspicion” to make a traffic stop (and a warrant, your consent, or probable cause to search your car), with “reasonable suspicion” referring to more than just a hunch that you are doing something illegal. A defense lawyer may argue that authorities did not have a valid reason to stop your car, in which case anything that occurred after the traffic stop becomes moot and would thrown out by the judge in charge of your case. 

DUI attorneys know that your DUI charge may also be invalid if the officer on scene administered your field sobriety tests (Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand tests), breath test incorrectly or if the device used to conduct it did not undergo regular or proper maintenance and calibration. If during your field sobriety test, there is inclement weather or bright lights shining in your face from the cruiser, such circumstances may invalidate your test results. 

Breath test devices require regular calibration to produce accurate results. If the police officer on the scene did something wrong when conducting your test, or if the device used never underwent proper calibration or maintenance, it may result in dropped charges. 

Other common DUI defenses your lawyer may consider, depending on circumstances, include chain of custody and affirmative defenses. “Chain of custody” refers to the individuals or agencies who have possession of your blood samples or possession of the substances they believe you had in your system while driving. Whenever a new person or agency takes possession of these samples, they must complete chain of custody forms. Failing to do so may lead to dropped charges. Affirmative defenses vary, but your lawyer may consider anything from entrapment to involuntary intoxication, depending on the details surrounding your case. 

How Might a DUI Defense Attorney Help Your Case?

An experienced DUI attorney from a Utah law firm may be able to help you defend yourself against drunk driving charges that may otherwise impact you personally, professionally, and financially. Without your own DUI lawyer.  A good DUI lawyer with considerable experience in DUI cases may be able to help you determine whether authorities had valid reasons to stop and charge you and whether they took proper steps when administering your test. 

A criminal defense lawyer may also help you determine if you have the option of accepting a plea bargain and pleading guilty to Impaired Driving rather than DUI, which typically comes with lesser penalties. A DUI defense lawyer may also help ensure that you stay on top of important dates and deadlines. For example, to avoid losing your license automatically following a drunk driving arrest, you must contact the Utah Department of Motor Vehicles and request a hearing within 10 days of your arrest.  This is a strict deadline and cannot be extended.  If you miss this deadline, you will not be allowed to have an administrative hearing where your attorney will fight to keep your license.   

A Utah DUI arrest may throw your life into turmoil, but try not to panic. Depending on circumstances, your criminal defense attorney may be able to work toward having the charges dropped or lessened to minimize any impact your DUI case has on your life.