Driving under the influence (DUI) charges could seriously affect your life if convicted, which is why being proactive with your defense is crucial immediately after an arrest.
The potential consequences, even for a first-time DUI conviction, are considerable. Convicted defendants might face jail time, hefty fines, and other consequences, like a suspended driver’s license. Even after getting their licenses back, those with DUI convictions might have to drive with ignition interlock devices in their vehicles for some time. When preparing your case and defense, we can review potential missteps by law enforcement during the arrest or while administering field sobriety tests (FSTs). We can also review the results of any blood or breath tests and point to processing or chain of custody issues as weaknesses in the prosecution’s case. Tell our attorneys everything you remember about the arrest itself and what police officers did during and after the traffic stop in question, as this could lead to the charges against you getting dismissed if officers violated your rights.
For a free case review from the Salt Lake City DUI lawyers of Overson Law, PLLC, call (801) 758-2287 today.
Potential Consequences for DUI Convictions in Heber City, UT
Potential consequences for DUI convictions include possible fines, prison time, and license suspension for defendants. The risk of facing elevated charges for drinking and driving depends on certain factors, such as whether or not a defendant has any prior DUI convictions in Utah.
Fines
For first-time class B misdemeanor convictions for DUIs, defendants might get up to $1,000 in fines under Utah Code § 76-3-301(d). Defendants might be arrested and charged with class B misdemeanors for driving with a blood alcohol concentration (BAC) that is 0.05% or greater.
For violating other traffic rules or endangering minors, defendants might get charged with class A misdemeanors for drinking and driving. Charges might get increased to class A misdemeanors if defendants have a prior DUI conviction in recent years. For a conviction of such charges, defendants might get fined up to $2,500.
Getting arrested for a DUI and also having felony convictions or multiple DUI convictions within the past decade could result in third degree felony charges in Utah. If convicted, defendants could face $5,000 fines.
Jail Time
The likelihood of defendants getting substantial jail time for first-time DUI convictions may be low, particularly when our DUI lawyers can negotiate for alternative arrangements, such as involvement in alcohol or drug management courses. The longest sentence for a class B misdemeanor is six months; risking that sentence could derail your life for the foreseeable future.
The maximum prison sentence for a class A misdemeanor DUI conviction is 364 days, according to § 76-3-204(1). The potential prison sentence for a third degree felony conviction for drinking and driving is much longer, up to five years.
Driver’s License Suspension
There are other penalties associated with DUI convictions, such as driver’s license suspension. For a first-time conviction, a defendant’s license may be suspended for 120 days under § 41-6a-509(1)(a)(i). A defendant’s driver’s license may be suspended for two years for subsequent convictions. These rules apply to drivers 21 years or older at the time of the offense, and there are different rules governing license suspension for drivers below the legal drinking age.
Furthermore, according to § 41-6a-518(2), convicted defendants might have to use ignition interlock devices in their vehicles after getting their driver’s licenses back in Utah. Drivers must blow into ignition interlock devices before turning on their cars. These devices work similarly to breathalyzers to check a driver’s BAC before they can operate their vehicle.
Preparing Defenses Against DUI Charges and Reviewing Evidence in Heber City, UT
When preparing your case and defense against DUI charges, our lawyers will look closely at the prosecution’s case and evidence, starting with the traffic stop and arrest. We can also review how police officers administered field sobriety tests, breathalyzers, or blood tests, as well as the results of those tests to determine how they might affect your case.
Traffic Stop and Arrest
First, our lawyers will examine the traffic stop and arrest. We can review notes and reports from law enforcement and may ask you detailed questions about the event. Why did police officers pull you over? If they pulled you over for driving just over the speed limit, for example, what led them to believe you were intoxicated? If law enforcement violated your rights during the traffic stop or arrest or at any time afterward, our attorneys may be able to get the charges against you dismissed.
Field Sobriety Tests
Police officers might administer field sobriety tests during traffic stops to assess a driver’s potential intoxication. However, various factors could influence the results of a field sobriety test, leading to wrongful DUI arrests. For example, having an injury could make it difficult for a driver to walk in a straight line or engage in other FSTs that assess a driver’s physical impairment from intoxication. Police officers might administer skewed FSTs by failing to consider environmental factors, a driver’s potential medical conditions, or not following the appropriate procedures.
Breathalyzer and Blood Tests
Drivers give their implied consent to take blood and breath tests, among other tests, to gauge whether or not they are above the legal BAC limit, according to § 41-6a-520. While drivers could refuse to consent to tests, doing so could lead to penalties and fines comparable to the consequences for an initial DUI conviction.
Officers need grounds to believe that a driver is operating their vehicle while intoxicated to administer a breath or blood alcohol test in Utah. Not having grounds to administer such tests could negate their results, whatever they might be. Issues with processing the blood test results could also allow our lawyers to challenge the evidence and charges against you. Often, a prosecution’s case for DUI charges relies heavily on the traffic stop and the results of sobriety tests, and finding issues with either could substantially weaken the case against you.
Call Our Lawyers in Heber City to Discuss Your Case Now
For a free case evaluation from Overson Law, PLLC, call our DUI lawyers at (801) 758-2287.
