How could a DUI impact your life?
A Utah DUI arrest can have serious civil and criminal penalties. We are experienced and successful and can effectively protect your rights and get your case dismissed. Unless you hire us, you chances of the penalties attached to a conviction increase significantly:
Criminal Record
A first or second DUI is typically a Class B misdemeanor, but may be enhanced to a Class A misdemeanor if aggravating factors (like having a child in the car or if there is serious bodily injury) are present. A third DUI offense may be charged as a felony if it is within 10 years of your first DUI conviction. We’ll aggressively fight to ensure nothing goes on your record!
Jail time
First DUI: 48 hour mandatory minimum jail sentence. Additional penalties for a first time DUI may include probation, DUI classes, substance abuse treatment, court fines and other penalties. Additionally, even a first offense DUI will make you an ‘interlock restricted driver’ meaning that you will have to install and maintain and ignition interlock device in your car for 18 months.
Second DUI: 240 hour minimum jail sentence; or 240 hours work service; or electronic home confinement/ankle monitoring. Mandatory supervised probation and treatment, as well as, other punishments.
Third DUI: 0-5 year prison sentence; or a 1,500 hour (62.5 days) minimum jail sentence. Additional penalties as indicated above.
Driver’s License Suspension
In addition to the criminal penalties you face if convicted of a DUI, you also face severe civil penalties just for being arrested. Long before your first criminal court date, your driver’s license will be suspended unless you request a hearing within 10 days. Even then, you will have to present your case to the driver’s license hearing officer. They typically will suspend your license almost every time unless you can effectively convince him/her that the police officer did not conduct the field sobriety tests correctly (very hard to do on your own), or if he was not properly trained or certified to take your breath/blood (very hard to prove on your own), or that you actually had a physical problem that limited your ability to perform the tests, or that the environmental conditions undermined your ability to perform the tests.
Typical Utah License suspensions for DUI:
First DUI (if the driver is over 21 years of age):
–120 day driver’s license suspension.
–Alcohol restricted driver’ for 2 years
–If convicted, you will be ‘interlock restricted’ for 18 months.
First DUI – under 21:
–6 months or until you are 21, whichever is longer.
Second DUI – over 21: 2 year period of revocation.
Second DUI -under 21: 2 year revocation or until you are 21, whichever is longer.
Some Additional “Collateral” Consequences
DUI also includes numerous ‘collateral consequences’ that can affect you. These are those in which are not necessarily spelled out in the DUI Code (statutory law). A few examples include:
- possibly not being allowed to visit foreign countries for vacation
- being ineligible for jobs
- security clearances, and
- potentially significant immigration implications for non-citizens.
Whether this is your first DUI or your third or more DUI, you need the experience of Utah Freedom Fighters to fight for your freedoms! We can help you negotiate a plea deal to lessen the harsh consequences on your life, we will challenge your case with motions to suppress evidence, or we can take your case to a jury for a shot at an acquittal. We will protect your constitutional rights, your driving privilege, and your freedom. Contact us now for a free consultation.
