Many states throughout the U.S. are imposing harsher penalties for individuals who are convicted of driving under the influence (DUI) of drugs or alcohol. Within the past few years, the Utah DUI laws are some of the most stringent in the nation. A first-time offender will automatically lose their driver’s license unless they request an administrative hearing with the Department of Motor Vehicles within 10 days of the offense.
New Laws & How They Affect Minors
Since 1992, it has been illegal for minors to drink and drive in the State of Utah. Recently, they enacted new legislation focusing on minors. In July 2009, Utah passed a new legislation called the “Not a DROP DUI Law” which is aimed at curbing underage drinking and driving. Utah DUI laws state that any person over the age of 21 with a blood alcohol concentration (BAC) or .08 or higher will be charged with a DUI. However, for people under the age of 21, even if they are caught with just a drop of alcohol in their system, they will lose their license for 120 days or until they turn 21 years of age, whichever is longer.
Penalties of DUI Conviction in Utah
Utah has what is known as the “implied consent law” meaning that all licensed drivers automatically agree to submit to a chemical test if an officer requests it. If you refuse, your license will be automatically revoked for a period of 18 months. The mandatory penalties for each offense is outlined in the table below:
|
First DUI Conviction |
Second DUI Conviction |
Third DUI Conviction |
|
Minimum 48 Hours in Jail |
Minimum 240 Hours in Jail |
Minimum 1500 Hours in Jail |
|
48 Hours Work Service Program |
240 Hours Work Service Program |
Charged as a Felony for Third Offense Within 10 years |
|
$700 Minimum Fine |
$800 Minimum Fine |
$1500 Minimum Fine |
|
Home Confinement |
Home Confinement |
3 Years Ignition Interlock |
|
120 Days License Suspension |
2 Year License Suspension |
2 Year License Suspension |
In addition to the mandatory penalties above, the offender may face additional consequences, which include:
- Participation in Alcohol/Drug Screening and Assessment
- Participation in Substance Abuse Education and Treatment
- Home Confinement by Electronic Monitoring
- Supervised Probation
If you are convicted of a felony DUI, the penalties can include up to 5 years in prison, a 3-year license suspension, 3 years no-alcohol conditional license, a fine of up to $5,000 and an ignition interlock device for 6 years.
DUI Defense
The consequences of a DUI conviction can have long-lasting effects, substantially impacting your life. With new legislation being enacted every year, most people are unaware that they face mandatory jail time if convicted of a first offense. An attorney who is experienced in defending drunk driving cases may be able to help you receive a lighter sentence. Chemical tests are not always 100% accurate and breath machines have been known to fail. Your lawyer could get your case dismissed for a variety of reasons, so hiring legal help can be the difference between jail time or acquittal.
