Taylorsville DUI Lawyers 

Do I Have to Provide a Breath or Blood Sample After a DUI Arrest in Utah?

While you’re not obligated to voluntarily provide a breath or blood sample after an arrest, refusal may have consequences. If you refuse, the officer will inform you that refusal can lead to a license suspension for 18 months for a first-time DUI, and for three years on subsequent arrests. If you do refuse, the police can obtain a warrant to draw your blood anyway. Therefore, if you’ve been arrested, it’s generally advisable to submit to the chemical test.

What Happens to My Driver’s License After an Arrest for DUI Charges in Utah?

Your license isn’t immediately suspended after a DUI arrest, but upon arrest, a countdown begins. Forty-five days after the arrest, your license is automatically suspended, either for 120 days for a first offense or for 2 years for a second DUI. Refusing a breath or blood test can lead to an 18-month suspension for a first-time refusal and a 3-year suspension for subsequent refusals. 

You can try to prevent the suspension by requesting a driver’s license hearing within 10 days of the arrest. At this administrative hearing, you can argue that the officer didn’t have a valid reason to believe you were under the influence. If your license is ultimately suspended, you can install an interlock device in your car, pay a reinstatement fee, and under certain circumstances, obtain a temporary license. However, this is not applicable for all suspensions.

What Are the Penalties for a DUI Conviction in Utah?

DUI in Utah involves both criminal and administrative penalties:

• First DUI (Class B misdemeanor): You could serve up to 180 days in jail and pay a fine of up to $1,000 plus a 90% surcharge. The mandatory minimum includes a $1,460 fine, substance abuse evaluation and any recommended treatment, court probation, and typically a victim’s impact panel. The Driver’s License Division will label you as an alcohol-restricted and interlock-restricted driver for two years, meaning you cannot drive with any alcohol in your system and must have an interlock device installed in your car. Additional penalties include two days in jail or 48 hours of community service. If your blood alcohol level is above 0.16%, the penalty increases to mandatory 2 days in jail with 30 days of home confinement or a straight 5 days in jail.
• Second DUI (Class A misdemeanor): You could spend up to 364 days in jail, with a fine of up to $2,500 plus a 90% surcharge. The standard fine is about $1,500, an increase of about $100 from a first DUI. Additional penalties are similar to a first DUI, including substance abuse evaluation, treatment, and probation.
• Third DUI within 10 years (felony): This could result in 0 to 5 years in prison, with a mandatory 60 days in jail. If your blood alcohol level is above 0.16, this increases to 120 days with 120 days of home confinement.

Do I Need to Hire a DUI Defense Attorney If I Plan to Plead Guilty to DUI Charges?

Absolutely. DUI cases are complex with the potential for severe punishments. From the beginning of the DUI stop, officers must follow specific policies and procedures, including conducting field sobriety tests. These tests, designed by the National Highway Traffic Safety Administration (NHTSA), must be performed correctly to be valid. A skilled DUI attorney will know these tests, how they should be performed, and how to challenge them if performed incorrectly. Additionally, a DUI conviction can come with numerous collateral consequences, making hiring an attorney crucial.

What Additional Consequences Could a CDL Holder Face for a DUI Conviction?

If you hold a commercial driver’s license (CDL), a DUI arrest can have significant consequences, even before a conviction. If your license is suspended due to the arrest, your CDL endorsement will be suspended for a year, regardless of the suspension length for driving a non-commercial vehicle. This means you would be unable to work for a full year.