Driving under the influence (DUI) convictions might affect defendants in more ways than they anticipate, potentially impacting their employment and future opportunities. Our lawyers in Summit Park can help you understand the charges against you and identify the right path forward.
The least serious charge for driving under the influence is a class B misdemeanor. For a conviction of this charge, defendants might get up to six months in jail. Depending on your case, our lawyers may identify an alternative solution, such as probation with short license suspension or engagement in drug and alcohol awareness classes. The consequences for class A misdemeanor convictions only increase, with convicted defendants facing up to nearly one year in prison and possibly thousands of dollars in fines. After an arrest in Summit Park, tell our lawyers what you can recall about your interactions with the police, namely regarding any field breath or chemical tests they gave you. Though drivers give implied consent to take these tests, police officers must have grounds to administer them. If officers did not, we may be able to get the test dismissed and possibly the charges themselves.
Call Overson Law, PLLC to set up a free and confidential case assessment from our DUI lawyers at (801) 758-2287.
Breaking Down DUI Charges and Potential Penalties in Summit Park, UT
The potential charges and penalties for driving under the influence vary, depending on a defendant’s previous convictions and the circumstances surrounding the offense. For example, some defendants might face class B misdemeanor charges, the consequences of which are less severe than those of third degree felony convictions. Still, any DUI conviction could affect defendants’ lives and their futures. On top of potential prison time and hefty penalties, convicted defendants might lose their licenses for several months or years, depending on the severity of the offense, pursuant to Utah Code § 41-6a-509.
Class B Misdemeanors
According to § 41-6a-502(1), a person drives under the influence if they operate a vehicle while having a blood alcohol concentration (BAC) of 0.05% or more. This is notably higher than the legal limit in other states, which is typically 0.08%. A driver’s BAC might be determined through a breath or chemical test. According to § 41-6a-520(1)(a), by operating a vehicle in Utah, you give your implied consent to take any chemical, breath, or other test to determine whether or not you are under the influence of drugs or alcohol while driving. Refusing to take sobriety tests required by officers at the scene could pose issues for drivers. However, Utah law stipulates that officers must have grounds to believe that a driver is under the influence to administer such tests. Otherwise, our DUI lawyers may be able to get tests dismissed for defendants.
For class B misdemeanor convictions in Summit Park, defendants might get up to six months in jail and fines of up to $1,000. Since even convictions for class B misdemeanors could stay on defendants’ records for years, affecting lives in various ways, preparing defenses against such charges is important. Issues with the traffic stop, arrest, or any chemical or breath tests might benefit your defense, so tell our lawyers what you can remember about the stop in detail.
Those convicted of class B misdemeanors for driving under the influence might be ordered to use an ignition interlock device as a condition of their probation, according to § 41-6a-518(2). These devices are attached to defendants’ cars, and they must use them to confirm they do not have alcohol in their systems before they can operate their vehicles.
Class A Misdemeanors
Drivers with a BAC of 0.05% or higher might be charged with class A misdemeanors for endangering minors. For example, according to § 41-6a-502(2)(b)(i), having a passenger younger than 16 in a car at the time of an offense would increase the charge from a class B misdemeanor to a class A misdemeanor. Defendants 21 or older with passengers 18 or younger in a vehicle at the time of an offense might also receive an elevated charge for driving under the influence. The same is true for those with prior class B misdemeanor DUI convictions within the past ten years in Utah.
Fines for class A misdemeanor convictions may be up to $2,500, and convicted defendants might face longer prison sentences, up to 364 days.
Class A misdemeanor convictions indicate a more serious DUI offense and might continue to affect your life, even after serving your sentence and paying fines. Those convicted of class A misdemeanors for driving under the influence may have to wait many years to file for expungement in Utah, which is why preparing a defense against such charges or negotiating reduced charges is crucial.
Third Degree Felonies
Drivers convicted of two or more charges for driving under the influence within the past ten years might face enhanced charges after a third arrest, according to § 41-6a-502(2)(c)(i). In these situations, defendants might be charged with third degree felonies, which have more severe consequences. Defendants who have been convicted of separate felonies in the past might also face felony charges for driving under the influence.
Convictions for third degree felonies in Utah might come with fines of up to $5,000. Defendants might face up to five years in prison, according to § 76-3-203(3). This is the highest sentence possible for such convictions, and judges might levy harsh sentences against defendants who have been arrested and convicted of charges related to driving under the influence of alcohol in the past. In these situations, finding alternative solutions to lengthy sentences, such as alcohol awareness classes and supervised probation, may be crucial to mitigating the effects on you and your future.
Call Our Lawyers About Your Summit Park, UT DUI Case Today
Call Overson Law, PLLC at (801) 758-2287 to discuss your case with our DUI lawyers for free today.
