dui Archives - Utah Criminal Defense Attorneys

Don’t Drink and Drive in Utah

info@utahwebdesignpros.com — Wed, 26 Aug 2020 14:33:36 +0000

As I am sure you already know, Utah changed its driving under the influence laws to be impaired at 0.05% rather than 0.08%, which is what it used to be. But do you know the penalties in Utah for driving under the influence? According to www.sltrib.com first-timers in Utah, the maximum penalty is a fine of $1,370 and a three-month license suspension. The statute also states a minimum of 48 hours of jail time, although some judges allow community service instead. For a second DUI offense, the maximum penalty is 10 days in jail, a $1,560 fine, and a six-month license suspension. The penalties go up on a third offense to 62 days in jail, a $2,850 fine, and a six-month suspension.

The National Transportation Safety Board supports a 0.05 limit, noting that numerous studies show impairment starts after one alcoholic drink and that motorists are noticeably impaired at 0.04 — the BAC limit for commercial truck drivers. However, this was met with controversy by the American Beverage Institute. In fact, shortly after the Utah law passed, the American Beverage Institute waged an advertising war against the state, placing full-page ads in newspapers under the headline: “ Utah: Come for Vacation, Leave on Probation.”

No matter what your position is with regard to Utah’s 0.05% limit, the law stands.

The specific Utah Code which applies to the penalties for driving under the influence is

41-6a-503. Penalties for driving under the influence violations.

(1)

A person who violates for the first or second time Section 41-6a-502 is guilty of a:

(a)	class B misdemeanor; or

(b)

class A misdemeanor if the person:

(i)	has also inflicted bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;

(ii)	had a passenger under 16 years of age in the vehicle at the time of the offense;

(iii)

was 21 years of age or older and had a passenger under 18 years of age in the vehicle at the time of the offense; or

(iv)	at the time of the violation of Section 41-6a-502, also violated Section 41-6a-712 or 41-6a-714.

(2)

A person who violates Section 41-6a-502 is guilty of a third-degree felony if:

(a)	the person has also inflicted serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;

(b)

the person has two or more prior convictions as defined in Subsection 41-6a-501(2), each of which is within 10 years of:

(i)	the current conviction under Section 41-6a-502; or

(ii)	the commission of the offense upon which the current conviction is based; or

(c)

the conviction under Section 41-6a-502 is at any time after a conviction of:

(i)	automobile homicide under Section 76-5-207 that is committed after July 1, 2001;

(ii)	a felony violation of Section 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or

(iii)

any conviction described in Subsection (2)(c)(i) or (ii) which judgment of conviction is reduced under Section 76-3-402.

(3)	A person is guilty of a separate offense for each victim suffering bodily injury or serious bodily injury as a result of the person’s violation of Section 41-6a-502 or death as a result of the person’s violation of Section 76-5-207 whether or not the injuries arise from the same episode of driving.

During the first three months of 2019 — with the new law in place — 135 motorists were arrested for drunken driving with a blood-alcohol level between a 0.05 and 0.079, according to quarterly data released by the Utah Highway Patrol.

Let’s all be aware of Utah’s laws and ensure everyone’s safety on the roads.

Have you been Arrested for a DUI During COVID?

info@utahwebdesignpros.com — Sat, 11 Jul 2020 17:42:54 +0000

We wondered what would happen if someone got arrested for a DUI in Utah during the COVID-19 emergency. With courts shutting down, it may be scary to be arrested and find yourself in jail indefinitely. It may be scary to think if you may be exposed to coronavirus while residing in your cell for so long. There is not much information out there, and the courts are nearly impossible to reach at this time.
The situation was clarified somewhat by the Utah Supreme Court when it issued an emergency order, ordering all state courts to cease most court hearings and instead to do necessary hearings remotely by telephone and video unless impossible.
Happily, there is some relief for those arrested for DUI in this crisis. The Utah Supreme Court took into account the uncomfortable reality that is people still being detained during this time and created a new process to keep as many people out of jail as possible. Here is how it works:
When you or someone you know is cited with a DUI, the arresting officer may either put the DUI driver in jail pending a hearing or let them go home, pending a hearing. What happens next in your Utah DUI case depends on what the officer did as far as this decision.
If the officer lets the DUI driver go home after his or her arrest for driving under the influence, the driver’s arraignment or first appearance may be deferred until a date 45 days after the filing of charges. The court may still do the hearing before that by phone or video, but the driver should not physically walk into a courthouse before then. Each court is different, so an attorney should be contacted right away to determine what to do.
Suppose the officer takes the driver into custody after the arrest for driving under the influence. In that case, the court will hold the driver’s arraignment or first appearance the next normal court day after the arrest, usually a weekday, except in Salt Lake City, where there is often Saturday court. At attorney should still be contacted immediately to argue to get the driver out of jail. A skilled Salt Lake City DUI attorney can argue that the courts have been ordered to consider the current Covid-19 emergency to be a factor that favors the release of the driver from jail. This is especially so if the driver is part of a vulnerable or high-risk group, as defined by the Centers for Disease Control.
Please also remember, and this is important, that the Utah Division of Motor Vehicles (DMV) only gives a driver seven days to request a hearing regarding the suspension of their driver’s license after a DUI arrest. For this reason, it is imperative to contact a Salt Lake City DUI attorney immediately upon arrest or release from jail.
If you are unsure of your Utah DUI arrest status, call our experienced legal team today, and we will help guide you through the process during these confusing times. Call us, and we will be there for you.

Operating a boat in Utah under the influence

info@utahwebdesignpros.com — Tue, 18 Feb 2020 20:23:32 +0000

Many states have separate statues that address the laws and punishments for operating either a boat or an off-road vehicle while under the influence of drugs and alcohol. These crimes are often referred to as a BUI as opposed to the more commonly known DUI charge. Utah does not have separate BUI laws in the books. Instead, boating and off-roading violations are handled under Utah’s DUI legislation. As many of us are aware, Utah has a reputation for aggressively prosecuting criminal offenses that deal with substances and operating motor vehicles. This means that a person can face serious legal consequences in seemingly “harmless” situations such as operating a boat while having a few too many beers with your friends.

A motorboat does count as a vehicle in Utah.

Do not make the mistake of thinking that just because you are not on the road that you won’t face potential DUI charges. Utah has structured its definitions so that virtually any machine that has an engine can be classified as a vehicle. (Even though this article discusses boating, we want to point out that it is possible to be charged with a DUI while operating a bicycle.) Back in the world of water sports, Utah’s DUI laws encompass the entire state, not just official roads. This means that you can be charged with a DUI for operating a boat out on the lake or driving an ATV down a popular approved trail.

It is equally important to remember that it doesn’t have to be just a police officer that can make an arrest or charge someone with a DUI or BUI while boating. Utah Division of Wildlife resource officers and park rangers are also permitted to make arrests and criminal charges based on public safety. If they see someone operating a boat in an unsafe manner, they usually have probable cause to “pull” the boat over and evaluate the situation. In many circumstances, things like slurred speech, red and watery eyes, and the odor or sight of alcohol result in criminal charges. Even the first offense can come with relatively hefty charges, normally classified as a Class B Misdemeanor. These penalties can increase based on the frequency of the infractions. Don’t let a BUI or operating a boat while intoxicated have a massive impact on your life. Contact our law office today if you have been charged in Utah and would like to speak with a legal professional today.

Understanding Utah’s DUI Laws

info@utahwebdesignpros.com — Tue, 10 Sep 2019 19:27:07 +0000

If you have ever been charged with driving under the influence of alcohol, medications, or illicit drugs, known as a “DUI” in Utah, it’s something you may not have anticipated. Individuals who have been charged with these crimes face substantial legal obstacles. As with most crimes, the individuals who have been accused usually feel guilt, remorse, and would like to go back in time if it was possible. An excellent way to avoid being charged with a drunk driving crime is to understand what constitutes intoxicated driving in Utah. Fully recognizing Utah alcohol consumption and driving legislations will certainly help you avoid making the mistakes that result in a conviction for DUI, as well as a lot more importantly, the awful effects that can arise from a DUI sentence.

What is the BAC level in Utah?

The permissible blood alcohol web content (BAC) degree while driving a lorry in Utah is.05 percent. As you may have heard in the news, this makes Utah the state with the lowest legal driving limit. Drivers with industrial driving licenses (CDL) are heavily managed in Utah, as they cannot surpass a BAC limit.04 percent. Additionally, drivers under the age of 21, driving with a BAC over absolutely no percent, is against the legislation.

Does a DUI only involve alcohol?

A DUI cost isn’t restricted to alcohol-impairment. Other unlawful and lawful illegal drugs that hinder the mind and body can necessitate a DUI fee, prescribed medications, and even marijuana.

How many drinks can I have before I am over the limit?

It’s difficult to calculate the number of drinks required to reach the lawful restriction. Everyone is different and have qualities as well as traits that impact the alcohol’s absorption rate as well as, therefore, impact an individual’s BAC (e.g., weight, gender, muscular tissue to fat quotient or body mass index, the quantity of food in your stomach, type of mixer, i.e., fruit juice and water versus carbonated beverages, just how quick the alcoholic drinks were taken in, and so on). You can use variations on the internet charts, solutions, and calculators, but these undependable “short-cuts” to compute BAC are typically incorrect. If you’re ever before in doubt regarding whether you’ve exceeded the BAC limit, it’s much better to be risk-free than sorry. Make use of a designated motorist, call a family member or friend, or call Uber or Lyft, and so on.

What are the charges for a DUI in Utah?

As is the case with any new wrongdoer, they will generally get a lower punishment than a repeat offender. When you are convicted of drunk driving the first time in Utah, you will undoubtedly encounter a minimum of 2 days behind bars. Addedly, you will receive a fine of at least $1,400 as well as be suspended from driving for 120 days. (If you refused a breath, blood, or urine examination, your certificate will be revoked for 18 months on a very first DUI.) Sometimes, a court will allow community service to replace prison time (as well as sometimes even credit rating penalties) or even reach allowing a residence or work digital release ankle joint surveillance program. Also, you will certainly more than likely be required to participate in a medicine or alcohol evaluation/screening, which may suggest therapy to establish if you have a chemical abuse issue.

For each extra DUI sentence within ten years, the administrative license assents and criminal fines enhance. Suppose you are founded guilty a second time of a DUI in Utah within ten years of the initial conviction. In that case, there will be a greater minimal fine, a suggested prison sentence of a minimum of 240 hrs (or ten days) as set by law, a need to use a pricey ignition interlock gadget (mini-, portable breath analyzer test) to start your car, costly monitored probation, etc. And, instead of a 120 day put on hold certificate, your license will be suspended for at the very least two years (or 36 months for a refusal).

For a 3rd DUI in one decade, you will certainly be facing a 3rd level Felony cost, a minimum of 1,500 hours (or 62.5 days) behind bars, and so on. If you have been charged with a Utah DUI and searching for a Utah Area DUI lawyer, Christopher Ault with The Ault Firm should be your first telephone call. Call us at 801-987-8409 to schedule a case assessment.

Questions that will come up during your drug possession case review

info@utahwebdesignpros.com — Thu, 25 Jul 2019 16:55:28 +0000

Possession of illegal drugs or paraphernalia is one of the most common criminal charges that our law firm handles. In many cases, people have been charged with this crime while they were driving their car. Police will pull over a vehicle for various reasons, and an arrest may be made depending on what the officer finds. Being charged with a drug possession crime is a serious offense and should be confronted head-on. It is highly advised that you or a loved one is facing a drug-related crime that you speak with the best criminal defense attorney possible. Below is a list of concerns and questions that should normally be covered in your case review consultation.

Why did police pull your car over?

When an officer pulls you over, there usually needs to be probable cause. This is especially true if they are going to perform a sobriety test or search your vehicle. Experienced lawyers will ask this question to help establish if police had an adequate reason to pull you over in the first place. Causes can include traffic violations such as speeding, swerving, or running a stop sign or red light. They can also include your vehicle’s problems, such as out of date registration tags or a broken taillight. In some cases, your attorney may file a motion to suppress evidence because the arresting police officer did not have enough probable cause to pull you over.

What are the reasons your car was searched?

The purpose of this question is to establish all the things that happened before the arrest. Like many states, Utah does not require an officer to obtain a warrant to search your vehicle. Instead, the officer will need probable cause to search your car for things like an illegal firearm or contraband. A possible defense can be made if you and your attorney determine that the police officer did not have probable cause to search your vehicle.

What questions did the officers ask you?

It is important to be honest with your defense attorney during all aspects of your consultation. Even if the answers are embarrassing, it is better to be ashamed than have your attorney go to court with misinformation. Officers will usually ask questions like, “whose drugs are these?” They may also ask, “how did these narcotics get in your vehicle?” Remember, there is a difference between actual possession and constructive possession. Actual possession usually refers to when drugs are found on your actual person, such as in your pocket. Constructive possession is usually applied when the contraband was found in your property that is in your control. For example, in your actual vehicle, in the glove box or under the seat.

Speak with a drug possession defense attorney

Although it is best not to be hostile during the arrest, it is not in your best interest to speak to the police and potentially incriminate yourself. Remember that you have a right to have an attorney present during all questioning as soon as you are arrested. Even though drug possession charges are relatively standard, they should not be taken lightly. If you have been arrested in Utah, contact The Ault Firm today at 801-987-8409 to speak with a legal professional and schedule a case review.

What happens if I am caught driving on a suspended license?

info@utahwebdesignpros.com — Sat, 20 Jul 2019 16:21:49 +0000

There are a variety of reasons that a license can be suspended in Utah. This includes charges like driving under the influence of drugs or alcohol, giving false information to the Utah Driver’s License Division, being found incompetent to operating a vehicle, or an excessive amount of driving violations on your record. Traveling via a vehicle is almost mandatory in terms of holding a job or living a normal lifestyle. Therefore, many people are tempted to drive on a suspended license and hope they are missed doing it. Although we can certainly understand why people may feel it necessary to take this risk, the repercussions are not worth getting pulled over. Below is more information about the charges that can happen if you are caught driving on a suspended license.

Suspended license charges in Utah

Although some people may think that driving on a suspended, revoked, denied, or disqualified license is not a big deal, prosecutes are likely to feel different. Operating a motor vehicle is a large responsibility; police take it as a safety violation if someone drives a car and is not properly licensed. Driving on a suspended license will usually result in a Class B or Class C misdemeanor in Utah, depending on your case’s details. In most cases, prosecutors will need to establish that the operator was driving the car when their license was suspended. If you have been convicted of driving a vehicle on a suspended license, you should consider speaking with a criminal defense attorney in Salt Lake City, UT, to learn about your options.

A successful Class B misdemeanor conviction can result in up to 6 months in jail and a fine of $1000. This is likely to be the case if your license has been suspended due to a DUI charge. A Class C misdemeanor charge will usually be placed if your license was suspended because it is not quite as aggravating. However, the resulting punishment invoked can result in up to 90 days in jail and a $750 fine. Further sanctions can also be imposed to limit your driving ability in the future.

These punishments can negatively affect the lives of those charged. Unexpected jail time can make it difficult to hold down a job. Many employers will not be willing to give someone a 3-month vacation while they are in jail. Suppose order to get the best results possible to consider calling The Ault Firm at 801-987-8409 to learn more about your legal options and schedule a case review.

How to find the Best DUI Attorney

info@utahwebdesignpros.com — Mon, 27 May 2019 15:15:09 +0000

By now, there is a reasonably good chance that you are aware of how severe Utah takes driving under the influence offenses. If you’re charged with a DUI violation, it is probably in your best interest to work with a criminal defense law firm. But that is not always enough; when the stakes are high, you want the best DUI attorney you can find. This article will help you learn the steps you can use to locate the right legal representation for your case.

Finding the right DUI attorney

The key is to find an attorney with experience and a great reputation. DUI is a very complex specialized that requires everyday emphasis and continuing education and learning and training. A criminal defense law firm should do everything they can to help achieve the best possible resolution in your case. Let’s take a look at some of the things you can do today to help locate such an advocate.

Read the online reviews for the firm. The internet has made it easier than ever to share your experience with others online. Places like Google My Business, The BBB, Facebook, and Yelp are fantastic resources to read what others have to say. It is generally a good rule of thumb to consider attorneys with several reviews and an overall rating between 4 to 5 stars. We also recommend reading what people have to say, especially if the person leaving the study has a case type similar to yours.
Request a case review or consultation. The most significant thing you can do is speak with a lawyer face to face by far and away. Not only will you gain new knowledge and insight into the legal process, but you will also be able to determine better if this attorney is the best for your DUI case. Most legal professionals can explain their process and what they will do to help you when you need it most. Ideally, you will find someone who is in a position to research your case and build the best defense possible. You may want to consider asking the lawyer for a checklist and itemizing all the things they do when they defend a case.
Certifications and awards. It may surprise you to know that there are many awards that attorneys and law firms can achieve for the quality of their practice and overall client service. Take note in the office or their website if the lawyer has earned any particular qualifications or honors. Premier drunk driving defense firms will usually receive the recognition they deserve. Many of these awards and certificates are the result of voting from other attorneys. This means that their peers voted them as being worthy of such recognition.

Drunk driving defense in Utah

If you have been charged with a DUI offense in Salt Lake City, you are in luck. Attorney Christopher Ault meets all the criteria mentioned above. His firm was built on the desire to provide excellent legal representation to those charged with a crime. Call his office today at 801-987-8409 to speak with someone and schedule a consultation.

My License has been Suspended, what Happens if I am Caught Driving?

info@utahwebdesignpros.com — Mon, 01 Apr 2019 13:45:49 +0000

The penalties for driving with a suspended license in Salt Lake City can be quite severe, including fines, jail time, and further suspension of your license. Punishments can depend on why your license was suspended in the first place, and how many times you have committed this offense. In any DUR situation, an experienced criminal defense attorney can help minimize your punishment. For specifics to your situation, please call The Ault Firm to receive a consultation.

What Is Driving Under Restraint?

Driving when your license has been suspended, revoked, or denied is referred to as Driving under Restraint, or DUR in Utah’s Revised Statutes. This is typically a misdemeanor charge. {If your license was taken away because of an offense related to drugs or alcohol, then the punishment is more severe. The consequences are more severe if your license was taken away because of a crime related to drugs or alcohol. Repeated offenses of DUR can also result in harsher penalties and loss of your license for years. Driving when your license has been suspended, revoked, or denied is referred to as Driving under Restraint, or DUR in Utah’s Revised Statutes. If your license was taken away because of an offense related to drugs or alcohol, then the punishment is more severe.

Restraint Due to Reasons Other than Drugs or Alcohol

As long as your license was taken away for reasons other than drugs or alcohol, the penalties are {harsh but not excessive|not excessive but harsh}. For a first offense, you can face up to six months in jail and/or a fine of up to $500. If you are convicted of second or more DUR offenses within five years, you not only face fines and possible jail time, but you may be ineligible to regain your Utah driver’s license for three years.

Restraint Due to Drugs or Alcohol

If your license was taken away due to a DUI or similar offense, then the penalties are much more serious. The penalties are much more severe if your license was taken away due to a DUI or similar offense.

For a first DUR offense, you face a minimum of 30 days in jail, though that can be increased to up to one year and a fine between $500 and $1,000.

For second or additional offenses, you can face up to two years in jail (60 days being mandatory) and a fine between $500 and $3,000. {Also, for {a second or subsequent |a subsequent or second} conviction within five years, you may be ineligible for a license for four years.

For a third or subsequent conviction within five years, you may be ineligible for a license for four years. If your license was taken away due to a DUI or similar offense, then the penalties are much more severe.

Arrested for DUR?

Defending against this charge can be difficult, but there are some options. For example, if you can demonstrate that you only drove due to a serious emergency, then the court might not impose mandatory jail time, though you may still have to pay a fine. You might also be able to demonstrate that you did not receive proper notice that your license was revoked or suspended, or that the restraint was due to some clerical or filing error. Driving with a suspended license can have long-term consequences. If you or someone you know has been arrested for DUR, then call The Ault Firm today. Our skilled attorneys know how to handle these cases. If your license was taken away due to a DUI or similar offense, then the penalties are much more serious. Driving with a suspended license is a severe offense that can have long-term consequences.

Mistakes to Avoid After a DWI Arrest

info@utahwebdesignpros.com — Wed, 13 Feb 2019 17:48:50 +0000

Utah is one state that is notorious for taking DWI, DUI, or driving under the influence charges seriously. We are a state that is known for harsh punishments for these crimes. Local lawmakers have made their stance known by passing a new, lower blood alcohol content standard. This new measure of 0.05 gives Utah the lowest threshold in the nation. If you have been charged with a DUI, it is a serious crime and should be taken as such. You do, however, have a right to defend yourself. Below is a list of common mistakes to avoid if you have been arrested.

Avoid these mistakes in your DUI case.

Do not admit to anything: Sometimes, people will try to talk their way out of a sticky situation by revealing, “I had a beer or two.” We are not suggesting you lie to officers, but leave the burden of proof with them. You may be asked to use a breathalyzer, and officers will proceed according to what is measured. Remember, however, that these test results can be challenged in the future as part of your potential defense.
Deciding to represent yourself or failing to speak with a Salt Lake DUI defense attorney. It is almost always a good idea to request a case review so that an experienced law firm can go over your case to let you know where you stand in the eyes of the law. Another issue to avoid is to fail to show up in court hearings. Remember that ignoring a problem will not make it go away. Your best bet is to have someone on your side, willing, and able to fight for your rights.
Assuming you do not have options. Many people tend to believe that prosecutors have an air-tight case against them. This is especially true if it is your first brush in with law enforcement. The reality is that there may be flaws in how evidence was gathered, and the protocol could have been broken. An example would be if the officer pulled you over without any cause to do so.

Speak with an attorney

You have probably heard the notion that knowledge is power. When you contact your local defense law firm, you stand to gain new insight and learning about your case and charges. Reaching out to a legal professional is one of the best ways you can genuinely understand where you stand in the eyes of the law. If you have been charged with a DUI in or around Salt Lake City, contact The Ault Firm at 801-987-8409 today.

If I get a DUI in Utah do I lose my license?

info@utahwebdesignpros.com — Sun, 11 Oct 2015 19:06:56 +0000

The short answer is yes; in almost every case, if you receive a DUI charge in Utah, you will lose your license. Nearly every state in the Nation participates in what is called the administrative license suspension laws. Under these laws, there are two ways that you can have your license confiscated and suspended.

By refusing to take a blood alcohol content test.
By submitting to the blood alcohol content test and receiving a BAC level of %0.08 or higher.

If you are curious about the typical BAC rates for different individuals, a chart can show you where you would be based on your height, weight, and gender.

BAC Chart Men and Women

The striking thing about these laws is that they do not require due process or even a burden of proof to be imposed. Even before you are convicted in Utah, and even if it is your first offense, the arresting officer should confiscate your license and replace it with a temporary permit that expires in 29 days. Then on the 30th day, the driver’s license division can suspend your license for up to 120 days. If you do get a suspension, you may appeal the suspension by filling out a driver’s license hearing request form online; however, it is unlikely that the judgment of the officer who thought you were impaired is going to be second-guessed.

They have already taken my license, what else can happen to me?

As you can probably guess, the punishments and levels of severity of those punishments are left up to the court’s discretion. Typically the court and prosecuting officials will look at your previous criminal record and the circumstances of a DUI arrest to determine what penalties they will be imposing. These penalties range from:

Jail time.
Community service
A series of fines plus court costs
The suspension of your driver license
Treatment for alcohol or drug abuse, whether you have a problem or not
The court may also require installing an “interlock” device on your car that checks your breath for alcohol before the ignition will operate.

Being charged with driving under the influence of driving while intoxicated crime is a serious charge. In the coming weeks, we are going to speak about his matter in further detail. We will talk about mandatory interlock devices and what you can expect life to be like after a DUI charge. The good news is that most people can get their license back within 90 days or less. If you have any questions you would like to ask our Josh or the rest of The Ault Firm, please fill them out in the comment section below. If you have questions or concerns regarding your case, we urge you to call today to receive a consultation: