If you are caught driving under the influence of alcohol or drugs in Ogden, you could be facing serious consequences that could affect your life for years to come. Not only could you lose your driving privileges, but you could also face jail time.
Fortunately, our team understands the complexities of DUI cases and can help you navigate the legal system. Working with our firm gives you the best chance of staying out of jail and reducing the time you lose your driving privileges. We will work tirelessly to prepare your case, gather evidence, and develop a strategy that is tailored to your individual needs.
For a free case review, contact our DUI defense attorneys at Overson & Bugden by calling us at (801) 758-2287.
How DUI is Charged in Ogden
Driving under the influence (DUI) laws in Ogden and Utah, in general, are known to be among the strictest in the United States. In Ogden, it is illegal to drive with a blood alcohol content (BAC) of 0.05% or above, even if the person might not feel inebriated. This is much lower than most states in the U.S., which have a BAC threshold of 0.08%.
The lower BAC limit can catch drivers off-guard, especially when multiple drinks are consumed in a short period. Therefore, if you are facing a DUI charge in Ogden, do not hesitate to contact our experienced DUI defense attorneys, who will work tirelessly to defend your case. Additionally, a person can be charged with DUI, even if they do not feel the effects of the alcohol they consumed, as the impairment can set in later. It is important to note that commercial drivers face an even stricter standard, as operating a vehicle with a BAC of just 0.04% can result in a DUI charge.
Criminal Penalties for DUI in Ogden
In Ogden, DUI offenses are subject to criminal penalties that aim to deter impaired driving and protect public safety. The severity of the consequences will depend on various factors but largely on whether this is your first offense.
First DUI Offense
For individuals facing their first DUI offense in Ogden, the penalties can vary. A first-time DUI offense is typically classified as a class B misdemeanor. In terms of jail time, a first-time DUI offense can result in a sentence ranging from 48 hours to 180 days, with a mandatory minimum of 48 consecutive hours.
In addition to jail time, you might also face significant fines. A first-time DUI conviction can result in fines of at least $700, which can be difficult to pay on top of other legal expenses such as court fees and surcharges.
Another consequence of a first-time DUI conviction is the suspension of your driver’s license. This suspension can last up to 120 days, which can be a major inconvenience if you rely on your vehicle to get to work or school.
Finally, in some cases, you might be required to install an ignition interlock device (IID) in your vehicle.
Probation might also be imposed, typically for a period of 12 months. During probation, individuals must comply with specific conditions, such as attending alcohol education programs and avoiding further criminal behavior.
Second DUI Offense
A second DUI offense within ten years of the prior conviction is considered a misdemeanor. If you are convicted of a second DUI offense, the penalties will be stiffer. These penalties can include a minimum mandatory jail term of 10 days up to a maximum of six months, depending on the severity of the offense.
In addition to jail time, you might also face fines of at least $800, which can increase significantly when surcharges and court fees are added. Furthermore, a second DUI conviction can lead to a suspension of driving privileges for a period of two years. You will also be required to complete a substance abuse assessment and recommended treatment, which can be time-consuming and costly.
To prevent future incidents, you might also be required to install an Ignition Interlock Device (IID) in your vehicle for a minimum of two years. This device will require you to pass a breathalyzer test before you can start your car, which can be inconvenient and embarrassing.
Third DUI Offense
If someone is convicted of a third DUI offense within a ten-year period of their prior convictions, penalties can include a minimum mandatory jail term of 1,500 consecutive hours up to a maximum of five years.
In addition to jail time, offenders will likely face fines of at least $1,500, plus any court fees. A third DUI conviction can also lead to a suspension of driving privileges for a period of two years.
Moreover, offenders might be required to complete a substance abuse assessment and recommended treatment as part of mandatory alcohol education programs. An ignition Interlock Device (IID) will also be installed in their vehicle for a minimum of three years.
Fourth DUI Offense
If an individual commits a fourth DUI offense within ten years of their prior convictions, it is considered a felony. The penalties for a fourth DUI offense can be life-altering. Penalties typically include imprisonment in the Utah State Prison for up to five years.
Along with incarceration, the offender might also face hefty fines of at least $2,500. Like other DUI offenses, these penalties are in addition to any other consequences, such as the suspension or revocation of the offender’s driver’s license and mandatory substance abuse treatment programs.
How We Can Defend Against Your DUI Charges in Ogden
Challenging the legality of the traffic stop and subsequent arrest is crucial to mounting a successful defense against a DUI charge in Ogden. A strategic approach is necessary to question the circumstances surrounding the arrest, as doing so can help build a strong defense and potentially result in an acquittal. The following are common defenses that are used by our attorneys in Ogden:
Lack of Probable Cause
To make a lawful arrest, an Ogden officer must have probable cause to believe that a person was operating a vehicle under the influence. By challenging the officer’s observations and testimony, inconsistencies or errors in their findings can be exposed. This might include challenging the officer’s perception of impairment, the accuracy of field sobriety test results, or any other evidence used to establish probable cause.
Challenge the Field Sobriety Tests
Field sobriety tests, such as the walk-and-turn or one-leg stand tests, are subjective assessments of a driver’s coordination and balance. These tests can be challenged based on factors such as poor weather conditions, road surface irregularities, or physical conditions that might affect performance. Additionally, if the officer did not administer the tests properly or failed to consider other factors that could impact the results, it can weaken the reliability of these tests as evidence.
Our Ogden DUI Defense Attorneys Are Ready to Defend Your Case
Call Overson & Bugden at (801) 758-2287 for a free evaluation of your case with our DUI defense lawyers.
