DUI is defined as being in control of a motor vehicle while having either an alcohol concentration of 0.05 or higher in your body, or any metabolites of a controlled substance. This can be measured through a blood or breath test.
What Are The Roadside Breath Tests And Standardized Field Sobriety Tests? Are They Required In Utah?
There are 3 typical types of field sobriety tests used by law enforcement in Utah. The first one is the Horizontal Gaze Nystagmus (HGN), which is a visual reaction test. Usually, it consists of the officer moving a finger or object in front of you and testing your eyes’ reaction. During this test, the officer looks for signs of a Nystagmus, which is a twitching movement your eyes may do if you’re intoxicated.
Another common test is the Walk and Turn test, where the officer asks you to walk in a straight line in a heel-to-toe manner, then turn around and do the same walk back. The third common sobriety test is the One Leg Stand, where you are asked to stand with one leg about 6 inches up from the ground and hold it for 30 seconds while counting to 30.
Field sobriety tests aren’t necessarily required, but it’s the way that the law enforcement officer usually determines if there is probable cause to believe that you are, in fact, intoxicated and in violation of the statute. It is difficult for officers to make an arrest without doing the field sobriety tests. There are also alternative field sobriety tests that can be done if somebody has some sort of a physical injury that prevents them from performing the physical tests.
Can Someone Refuse To Provide A Breathalyzer Or Chemical Test Once They’re At The Station?
You can refuse to provide a chemical test or a breath test. However, officers can obtain a search warrant and have you provide one anyway through a blood sample. If you refuse a chemical test, it will have an adverse effect on your driver’s license.
What Will Happen To My Driver’s License If I’m Charged With DUI In Utah If I Gave A Breathalyzer Or Chemical Test? What If I Refused?
After being charged with a DUI, you will receive a notice, and it will state you have a temporary license for 30 days, and that you have 10 days to request a hearing with the Department of Motor Vehicles. If you do not request a hearing within those 10 days, your driver’s license will automatically be suspended. If you do request the hearing, and it is your first DUI and you provided blood or breath samples, your license may be suspended for 120 days. However, if you are convicted of a DUI and refused to take a test, your license may be suspended for 18 months.
What Are Typical Sentencing Guidelines For First Time And Multiple DUIs In Utah?
Typically, a first-time DUI, if you’re under 0.12 BAC, your charge will usually decrease to impaired driving and you will not be required to do any jail time. There is usually a fine, and you are required to complete a substance abuse evaluation and undergo a year of court-supervised probation, which means you cannot be arrested within that year. Sometimes, you’ll be asked to do a Victim Impact Panel and a class called Prime for Life. If you charge is not reduced to an impaired driving charge, and you end up with a DUI, you may be sentenced for up to 2 days in jail, or 48 hours of community service.
If you receive a second DUI within a 10-year period of your first one, there is a mandatory minimum of 10 days in jail, or 5 days in jail with 20 days in home confinement with an ankle monitor. If you receive a third DUI, it becomes a felony, and requires a mandatory minimum of 62 days in jail.
What Factors Could Enhance Or Aggravate A DUI Charge In Utah?
Having children in the car can increase the consequences of a DUI, especially if your intoxication leads to an accident or injury. Prosecutors are less likely to offer you a plea if you have children in the car while intoxicated. Multiple DUI offenses also negatively affect your outcome.
Why Is It So Important For Someone To Work With An Experienced DUI Attorney To Fight The Charges Instead of Just Pleading Guilty?
At the very least, an experienced attorney can help you get a reduced charge, whether it is reduced to impaired driving, which as a smaller fine, or reduce the impact on your driver’s license. Most of the time, prosecutors aren’t willing to give a reduced charge to somebody unless they have an attorney, who is convincing the judge that they should be offer a plea deal, reduced fines, or other alternatives.
For more information on DUIs In Utah, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 717-9914 today.
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