DUI

Preparing a DUI Offense Case

The penalties for being convicted of a driving under the influence (DUI) offense in Murray, Utah can be severe and might even include the loss of your driver’s license, court-imposed fines, and incarceration. A DUI charge can range from a Class B misdemeanor to a third-degree DUI felony in Utah depending on the number of prior DUI offenses, and whether there was an accident resulting in injuries. A Class B misdemeanor has a penalty of up to 180 days in jail, fines, and probation. A third-degree DUI felony has a minimum sentence of 62 days in jail up to five years with fines, probation, and residential treatment.

Building a DUI Defense Case

There are many ways to successfully challenge a DUI arrest. DUI and DWI lawyers usually begin working immediately on a case by gathering evidence including the BAC test results and field sobriety tests that could be used by the prosecutor against their client in court.

Your DUI lawyer may explore any physical conditions you have that could influence the results of the field sobriety tests. There may be video footage of the arrest from a nearby business that is helpful to your case, especially if it captures the field sobriety testing. Witnesses are interviewed to complete the picture of the DUI arrest process. Once all of the evidence is evaluated, the attorney develops the appropriate defense strategy.

Dealing With the Administrative Consequences of a DUI Arrest

After an arrest for a DUI in Utah, the vehicle may be impounded which means paying administrative fees as well as other towing fees, taxes, and storage costs. Getting the vehicle released requires legal identification for the registered owner and a copy of the impound report. Because there is a daily fee for storage of the vehicle, it is important to retrieve the vehicle as soon as possible to minimize costs.

When your BAC is higher than 0.08 percent, your Utah driver’s license is confiscated by law enforcement, and you are given a temporary permit. Refusing a BAC test has the same consequences. You have only 10 days from the date of your arrest to request an administrative hearing with the Utah Driver License Division. You may have your DUI lawyer represent you at the hearing after which, the DMV will make a determination about whether to revoke your Utah driver’s license.

It is important to understand that the administrative hearing is in addition to any criminal court proceedings against you and the suspensions for each of these are separate. The suspension times are based on age and the number of prior offenses. If your license is suspended, your attorney may be able to help you obtain a restricted license that will allow you to drive to authorized locations such as your place of employment. You could be required to have an ignition interlock device installed in your vehicle which can be very expensive, and the vehicle will not start until you blow into the device to prove that you are below the BAC limit.

Because the consequences of a DUI conviction are harsh and can be life-changing, it is important to have a qualified Utah DUI attorney who has the skills to prepare the best defense to the DUI charges to successfully fight the charges.