Being arrested for and convicted of driving under the influence (DUI) carries stiff penalties that can alter the course of your life. Drives can face jail time upon even the first DUI conviction, so preparing your defense as easily as possible is critical.
Our defense attorneys can review the facts surrounding your stop and develop strategies to fight the charges. The law in Utah is also comparatively stricter than in other states, as you can actually be arrested for driving with a blood alcohol concentration (BAC) of 0.05% or higher. First and second DUIs will usually be charged as class B misdemeanors, which can include jail time if convicted. If someone was injured or the intoxicated driver had a child in the car, the aggravating factors can turn the charge into a class A misdemeanor, with drivers facing up to a year in jail. Our team will assess the state’s evidence for weaknesses and the reasons the police had for the stop.
Call Overson Law today at (801) 758-2287 for a free review of your case with our DUI lawyers.
Understanding How DUI Stops Work in Millcreek, UT
Getting pulled over by the police in a DUI stop is always hair-raising, but it is important to know your rights and duties when stopped. Knowing how to react and what can help from incriminating yourself and making matters worse. Follow the police’s directions, even if you think the stop is inappropriate. Our DUI lawyers can help you fight the charges later after reviewing the circumstances of the stop and the prosecution’s evidence against you.
Arguably, one of the most important details to know regarding DUI laws, especially if you are not from Utah originally, is that you can be arrested for driving with a BAC of just 0.05%, as per Utah Code § 41-6a-502(1)(a). This is much lower than the typical 0.08% BAC that most states set as the bar. Thus, never assume that you are under the Utah limit even if you only have a drink or two.
How the Police Can Initiate a DUI Stop
The police can initiate a DUI stop in a few ways. They only need to reasonably suspect a driver of DUI to stop them, as opposed to probable cause. Perhaps they saw someone walk out of a bar and drive off. Without further evidence of intoxication, simply driving away from a bar is not a crime. If they saw them stumbling to their car, circumstances would likely give them reasonable suspicion to justify the stop.
Of course, the police can pull you over if they actually have probable cause for you committing a traffic violation. For instance, the police have probable cause for a stop when someone runs a red light or is speeding. If the police notice the smell of alcohol on the driver’s breath, empty beer cans in the cab, or anything else that gives them reasonable suspicion that the driver is under the influence, the initial traffic stop can turn into one for DUI.
What You Must Do During a DUI Stop
When stopped for DUI, the police will typically request to perform a few different tests to confirm their suspicions. While you have the right to refuse, it will almost certainly lead to heavier fines and other consequences, like an immediate license suspension. It can also make defending your case more challenging.
The police might start by conducting field sobriety tests. These are a series of tests that gauge drivers’ balance and coordination. Most people are familiar with the “walk in a straight line” test, but this is one of a few. The problem with field sobriety tests for gauging a driver’s intoxication is that they are highly subjective. The police will most likely not know if a driver has a medical or physical condition impacting their observations and results. The police’s mood during your stop can also dictate how the tests are conducted, usually not to your benefit.
Because evidence from field sobriety tests is often wide open to attack from defense attorneys, the police will almost always try to prove intoxication with blood and breath tests. These tests are arguably the police’s preferred method since “implied consent” compels drivers in Utah to comply with the request, according to § 41-6a-520(1)(a). Even so, they still need a warrant for a blood test. If the driver refuses to comply with a test, the police can use it as grounds to arrest them for a separate offense and suspend their license.
Penalties for DUI Convictions in Millcreek, UT
The penalties for a DUI conviction often turn on numerous issues, but how many prior DUI convictions a person has and aggravating factors in the case are the most impactful. Even a first DUI can carry significant consequences that limit your freedom and negatively affect other aspects of your life. Under § 41-6a-502(2), the first DUI is charged as a class B misdemeanor and carries a potential sentence of six months in jail and fines of as much as $1,000. A second DUI is also charged as a class B misdemeanor and carries similar penalties. In these cases, our team can negotiate with the prosecution for an alternative punishment, like participating in an alcohol and substance abuse treatment program.
Aggravating factors in a case will make it harder to negotiate with the state. For example, if an intoxicated driver causes serious injuries in a crash, they would be charged with a class A misdemeanor, even if it is their first DUI. A conviction for a class A misdemeanor carries a potential penalty of one year in jail and fines up to $2,500.
If someone is arrested within ten years after already having two DUI convictions, the third DUI will be charged as a third-degree felony, which can result in a prison sentence of up to five years.
Contact Our DUI Attorneys in Millcreek, UT Today for Help Defending Against Your Charges
Call Overson Law at (801) 758-2287 for a free, confidential case assessment from our DUI lawyers.
