Things You Need to Know
We know you have a lot of questions. Here are some common questions and their answers. If your question is not on this list, or if you have additional questions about your specific case, feel free to contact us for a FREE consultation.
What is a DUI?
There are two forms of DUI (Driving Under the Influence) charge in the State of Utah. Under Utah’s basic DUI law, a person may not operate or be in actual physical control of a vehicle while having a blood or breath alcohol content of .08 or greater or while under the influence of drugs (including prescription drugs), alcohol, or a combination of the two to a degree that renders the person incapable of safely operating a vehicle. Utah also has a "metabolite" DUI law that makes it a crime for any person to operate or be in actual physical control of a vehicle while having any active or inactive drug metabolite in their body. Despite having different elements of the crime, both offenses are treated virtually the same for driver license suspension, conviction, and penalty purposes. See Utah Code Annotated 41-6-44(2).
What are the penalties for a DUI conviction?
A first or second offense DUI within the past 10 years will be charged as a Class B Misdemeanor. A Class B Misdemeanor is punishable by 0-180 days in jail and a fine and fee of $1,850. If the offense involved an accident where any person was injured, including a passenger in the offender’s car, or if there was a child in the car under the age of 18 at the time of the offense, you will be charged with a Class A Misdemeanor. A Class A Misdemeanor is punishable by 0-365 days in jail and a fine and fee of $4,625. A first conviction for DUI in 10 years carries a minimum sentence of 2 days in jail (or at the judge’s discretion, 48 hours of community service), 12 months of probation, mandatory DUI treatment, and a minimum fine of $1,295.00. A blood alcohol level of .16 or greater also requires supervised probation and installation of an expensive, restrictive ignition interlock device. A second conviction for DUI in 10 years carries a minimum sentence of 10 days in jail (or at the judge’s discretion, 240 hours of community service), 12 months of supervised probation, increased mandatory DUI treatment, automatic installation of an ignition interlock device, and a minimum fine of $1,480.00. A third or subsequent conviction for DUI within 10 years can be charged as a Third Degree Felony. A Third Degree Felony is punishable by 0-5 years in the Utah State Prison, but a Third DUI carries a minimum mandatory jail sentence of 62 days with no option for community service. In addition, if you are convicted of an offense involving a Felony or Class A Misdemeanor, you will be required to give a DNA sample that will be placed in a law enforcement database for the rest of your life. DUI-related convictions also carry a significant public stigma, result in significantly increased auto insurance rates, and may cause problems when seeking employment.
How can I fight a felony upgrade?
In Utah, a DUI can be charged as a Third Degree Felony punishable by 0-5 years in prison if the driver has 2 or more convictions for DUI or Alcohol- or Drug-Related Reckless Driving within 10 years of committing the third offense. Even similar out of state convictions or cases dismissed as a result of a deferred sentence or plea in abeyance can be used to enhance a current DUI offense. Although we cannot go back and defend the old cases, we can challenge whether the prior convictions can be used against you to upgrade your current offense. The prior convictions can be challenged on the basis of improper documentation, lack of counsel, improper waiver of defense counsel at the time of the prior plea, and whether the prior plea was a knowing and voluntary plea. In order to raise such a challenge, our attorneys thoroughly review all prior convictions, including obtaining entire copies of any previous court files and copies of audio or video recordings of prior plea hearings, and even interviewing prior attorneys and witnesses to the plea in order to look for critical errors that may prevent the use of a prior conviction for enhancement purposes. Although some pleas are entered properly, many are not, and our attorneys have had tremendous success getting felony DUIs reduced to misdemeanors.
When I get a DUI, do I automatically lose my driver's license?
Not necessarily. You have 10 calendar days from the date of arrest to request a driver's license hearing with the Division of Motor Vehicles (DMV). This civil hearing will allow you to plead your case to retain your driving privileges. It is helpful to have an experienced attorney representing you even at this early stage in your case. Call our office to have one of our paralegals help you file this request free of charge, or fill out the State's form located here. If you fail to file in time, your license will be automatically suspended for 90 days to two years, with no option for a limited work permit and no chance to appeal.
How serious is a DUI in Utah?
Utah laws are some of the strictest in the country when it comes to alcohol-related crimes. Even your first DUI carries harsh penalties, including potential loss of driving privileges, expensive fines, and mandatory counseling. Your third DUI in Utah within a ten-year time period is a felony charge in Utah. See the DUI Penalties chart for a more detailed look at potential penalties from a DUI.
How many DUI arrests does Utah have each year?
There are approximately 14,000 DUI arrests in Utah each year? The majority of those arrests result in convictions, but not everyone arrested for DUi is guilty. A DUI conviction can affect your driving privileges, your car insurance rates, your employment, and most important, your freedom. Don't become another statistic! Let us fight for you.
How long will my license be suspended?
That depends on your prior driving history and whether or not you submitted to a chemical test. If it is your first DUI offense in 10 years and you submitted to a blood, breath, or urine test as requested by the officer, your license can be suspended for 90 days. If it is a second or subsequent DUI offense in 10 years and you submitted to a blood, breath, or urine test as requested by the officer, your license can be suspended for 1 year. If it is your first DUI offense in 10 years and you refused to submit to a blood, breath, or urine test as requested by the officer, your license can be suspended for 18 months and you will be required to have an ignition interlock device for a minimum of 3 years. If it is your second or subsequent DUI offense in 10 years and you refused to submit to a blood, breath or urine test as requested by the officer, your license can be suspended for 2 years.
What if I have an out of state driver license?
Even if you have an out of state driver license, your driving privileges can still be suspended in the State of Utah by the Utah Driver License Division. That means that even if you have an out of state license, you cannot drive in the State of Utah. Further, the Utah DLD will post the suspension information on a nationwide database shared by the many states’ DLDs, which may also result in a suspension of your driver license in your home state. This would mean that you could not legally drive in any state.
Can a DUI arrest affect my job?
Unlike some other states, Utah law does not provide for the option of a work permit or limited driving privilege if your license is suspended for a DUI or a drug- or alcohol-related offense. Not even on a first offense! If you are caught driving while your license is suspended, you will be charged with a Class B Misdemeanor for Driving on Suspension While Drug or Alcohol Revoked, which has the same potential penalties as a DUI. And your suspension will be doubled the first time and an additional year added for each subsequent offense. In addition, did you know that if you are arrested for a first offense DUI in your personal vehicle and you have your personal license suspended administratively or if you are convicted of DUI, your CDL will be automatically suspended pursuant to state and federal law for 1 year. If you get a second DUI in your personal vehicle and suffer a second administrative suspension or conviction, your CDL will be SUSPENDED FOR LIFE! (You may be subject to an application for reinstatement after 10 years if you meet certain rehabilitation requirements.) Many companies will not hire individuals with a criminal record. Don't risk your job over a DUI!
How could I get a DUI when I wasn't even driving?
Although there is not one controlling factor in the State of Utah, things such as proximity to a vehicle and the ability to drive (such as possession of keys) while intoxicated are relevant to a judge or juries and could put you at risk for a DUI arrest.
Can I choose what test I take when stopped for a DUI?
If you are arrested or cited for DUI in Utah, the arresting officer gets to choose which chemical test you take, and you do not have the right to speak to an attorney before taking a test. If you refuse the chemical test, your license can be suspended for 18 months to two years, and you will be required to have an expensive and restrictive ignition interlock device in your car for a minimum of three years. Know your rights!
Can I get an expungement?
If you are convicted of an alcohol- or drug-related driving offense in the State of Utah, you cannot apply to have the conviction expunged from your criminal record for at least 10 years after your probation has been terminated (probation for a misdemeanor drug offense is typically 12 months from the date of sentencing and 36 months for a felony). Similarly, a conviction for administrative suspension as a result of a DUI arrest will stay on your driver history for a minimum of 10 years, causing increased auto insurance rates.
How do I avoid a DUI conviction?
The Utah Legislature has seriously restricted the ability to plea bargain a DUI case and avoid consequences. As such, in order to get a good result in a DUI case, it is important to hire an experienced and aggressive attorney who focuses on DUI cases and can identify and raise any available defenses and motions in order to get a better plea bargain or get the case dismissed. Not every DUI case can be won, but many can. The first basis for challenging a DUI case is with Motions to Suppress. Motions to Suppress are legal arguments to the judge asking that certain evidence—sometimes all evidence—be excluded from court. Some examples of such motions are Lack of Reasonable Suspicion to Stop, Illegal or Excessive Detention, Lack of Probable Cause to Arrest, Motions to Suppress Breath or Blood Tests, Motion to Suppress Field Sobriety Test Evidence, and Failure to Provide Miranda Warnings. Our firm maintains an extensive brief bank containing motions to suppress for many different scenarios and fact patterns, and we are constantly looking to expand the arguments for new and differing fact patterns. Winning some of these motions can result in a full dismissal of the case, while others just eliminate evidence, which results in more lenient plea bargains or better cases to take to jury trial. All these arguments depend on the specific facts and evidence of your individual case; therefore, we investigate every case thoroughly, obtaining in-car and in-station videotapes, dispatch recordings, breath testing machine calibration and maintenance records, blood and urine test lab files, medical records, accident reports and reconstruction, the arresting officer’s training records, officer training materials as well as on scene investigations. If the case is not dismissed or reduced to the client’s satisfaction, we will have already prepared the case for trial. The vast majority of the DUI cases tried by our firm are tried before a jury. Some attorneys are convinced that a DUI case cannot be won before a Utah jury, but that is not true. Our attorneys have obtained not guilty verdicts in many cases, including refusals, poor results on a blood or breath test, and cases involving accidents. The key to successful jury trials is investigation, preparation, and presentation. Clearly not every case goes to trial, but the attorneys at Schatz, Anderson & Uday are not afraid to take even the most difficult cases to trial and will provide you with your best chance for a NOT GUILTY verdict.
Why choose an attorney from Schatz, Anderson & Uday?
Choosing your attorney is the most important decision you make following an arrest for DUI. Without an aggressive, experienced attorney who focuses on DUI defense a good DUI case can be lost. At Schatz, Anderson & Uday, we focus on Criminal and DUI defense. Our attorneys have over 40 years of combined experience in criminal defense handling cases from DUI to Auto Homicide, Murder to Robbery, Drug Possession to Domestic Violence. Our attorneys have successfully handled over 2000 DUI cases in the last 5 years alone and have earned a reputation amongst judges, prosecutors, and police officers as being the most knowledgeable, aggressive, and professional DUI attorneys in the State. Our lead DUI attorney, Jason Schatz, is the FIRST and ONLY attorney in the State of Utah to become Board Certified in DUI Defense Law by the National College of DUI Defense in conjunction with the American Bar Association. Our attorneys have attended the same Field Sobriety Test and Intoxilyzer training as most police officers and are often asked to lecture to other attorneys throughout the state about the topic of DUI defense. Hiring the right lawyer can mean the difference between losing your license or not, going to jail or getting probation, getting convicted or having your case dismissed. So choose wisely.
How much will you charge to defend my case?
Only an attorney can quote prices for taking a case, and every case is different. You can meet with one of our attorneys, either in person or over the telephone, to discuss your case and receive a quote. The initial one-hour consultation is free of charge, and our attorneys charge a flat-fee, so you know up front what your defense will cost.
Where is your office located?
We are located in downtown Salt Lake City. Driving directions are located on our Contact Us page. Note that just because we are located in Salt Lake does not mean we only represent cases from the Salt Lake area. We actually represent cases all over the State of Utah, and some of our clients are from out of town but have charges in Utah courts. We can conduct most business with telephone and fax technology, and we can travel to court locations as necessary.
Can I still hire an SAU attorney if I don't live in Salt Lake City?
YES! We cover cases for charges in any part of the State of Utah, and we represent clients who live all over the country and even some who don't live in the United States. While it is generally best to meet with an attorney in person, we recognize that this is not always possible. We can conduct client consultations remotely over the telephone and through faxes and email. Discuss your case with one of our attorneys to learn if travel will be necessary for either you or your attorney.
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