The DUI Defense Process
While each case is unique, there are some general steps you can expect to occur during the process of defending your DUI charge. They are:
- Getting Out of Jail
- Getting Your Car Out of Impound
- Driving After Your Arrest
- Driver's License Suspension
- Motor Vehicle Hearing
- Arraignment
- Pre-trial Conference
- Motion/Suppression Hearing
- Trial
- Appeal
- Sentencing
- Possible DUI Penalties
1. Getting Out of Jail:
After you've been arrested, there are several ways to get out of jail:
- Own recognizance release
Many offenders who do not have a significant prior criminal history are simply released on their own signature and promise to appear in court when notified.
- Pre-trial Services
Some offenders are released on Pre-trial Supervision. Pre-trial Services is a sort of pre-trial probation unit that is authorized to supervise offenders so that they can be released from jail without having to pay bail. Conditions of pre-trial release may include having to report daily, attend drug and alcohol classes and submit to random urine tests.
- Posting Bail
- In order to ensure that an offender appears in court, some offenders are required to post a cash bail which can rage from $500 to $1,000,000. An offender can put up the entire bail amount or can use the services of a bail bondsman who typically charges a fee equal to 10% of the total bail amount. CLICK HERE
2. Getting Your Car Out of Impound:
Following an arrest, officers in Utah have the authority to impound a DUI suspect's car. In order to have your vehicle released from impound you must pay a $330 DUI impound fee to the DMV and obtain a release authorization. Then, you must take the release authorization to the impound lot where your car was towed and pay the towing and storage fees. Use the attached link for more information on how to obtain the release from the DMV and locate your car. Click here for more information on how to obtain the release from the DMV and locate your car
3. Driving After Your Arrest:
If you had a valid license at the time of your arrest the officer should have issued you a temporary driver's license good for 30 days from the date or your arrest. Check your copy of the DUI Summons and Citation to see if the arresting officer checked the 'Valid' box near the bottom of the citation certifying that the DUI Summons and Citation serves as a temporary license for 30 days.
4. Driver's License Suspension:
1st Offense 90 days; 2nd or subsequent Offenses 12 months; 1st refusal to submit to a chemical test - 18 months; 2nd refusal to submit to a chemical test or 1st refusal with prior DUI conviction - 24 months.
|
Utah law does not allow DUI offenders to obtain a restricted license to and from |
5. Motor Vehicle Hearing:
To preserve your right to drive in Utah, you must submit a written request for hearing within 10 calendar days of the date of your arrest. After you submit the request, you will be mailed a notice of hearing in about 7-10 days, after you submit your request. A hearing must be held within 29 days of the date of your arrest. DMV hearings can be won and your license saved on many grounds, so it is important to have a skillful and knowledgeable attorney represent you at the hearing.
6. Arraignment:
This is the first hearing in a Misdemeanor DUI case. At this hearing, you enter your initial plea of guilty or not guilty. You may be able to avoid having to appear at this hearing by filing a written Entry of Not Guilty Plea.
7. Pre-trial Conference:
At the pre-trial conference, your attorney can discuss your case with the prosecutor and attempt to negotiate a reasonable plea agreement. If you are unable to reach a plea agreement, the pre-trial conference can be used to schedule further hearings in your case or a trial date.
8. Motion/Suppression Hearing:
A skilled attorney may be able to file Motion to Suppress asking the court to suppress some or all of the evidence. If the Motion is granted, a case can be dismissed or seriously weakened. There may be several motions, which can be filed, depending on the facts of your case.
9. Trial:
If your are unable to negotiate a satisfactory plea agreement and your case is not dismissed on a Motion to Suppress, you have the right to have your case tried before a judge (bench trial) or a jury (jury trial). Most DUIs are tried before a jury of four (4) people. All members of the jury must agree to find the defendant guilty in order to convict.
10. Appeal:
If you are found guilty, you have the right to appeal. A written Notice of Appeal must be filed within 30 days of the conviction.
11. Sentencing:
The defendant has the right to be sentenced in no less than two (2) but no more than forty-five (45) days. The defendant has the right to waive time for sentencing and be sentenced immediately, if he or she chooses.
Possible DUI Penalties:
| Offense Number | Severity Level | Incarceration | Penalties |
| 1st Offense in 10 years | Class B Misdemeanor | 0-180 days in jail (minimum mandatory two (2) days in jail or 48 hours of community service) | $1850 fine and fee (minimum fine and fee of $1295) Mandatory counseling Ignition Interlock Device Probation up to 18 months |
| 2nd Offense in 10 years | Class B Misdemeanor | 0-180 days in jail (minimum mandatory 10 days in jail or 240 hours of community service) | $1850 fine and fee (minimum fine and fee of $1480) Mandatory Counseling Ignition Interlock Device Probation up to 18 months |
| 3rd Or subsequent offense in 10 years | 3rd Degree Felony | 0-5 Years in Prison (minimum 62 days in jail) | $9,250 fine and fee Residential Treatment Probation up to 36 months |
Aquí se habla español
