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Utah DUI Laws


Utah DUI Laws state there are two causes of a DUI arrest.

One instance that can cause an arrest is if your alcohol content is 0.08% or higher.

Additionally, even if your BAC does not reach the 0.08% limit, as long as you are physically impaired to drive because of alcohol consumption, you can also be arrested. It is for the arresting officer to judge the latter instance if you really are capable of driving your vehicle safely.

Utah is one of the implied consent states and if a police officer will pull you over for DUI suspicions you will be asked to take a BAC test. You have two options: it’s either you take the test or not. If you choose the latter, an automatic license suspension is imposed by the arresting and you are presumed guilty until proven otherwise.

According to Utah DUI laws during an arrest you will face a criminal court case and the a Driver’s License Division case. An experience DUI defense lawyer is needed for both cases because he will help you present your case in the criminal court and he will assist you in requesting for a formal hearing from the DLD. You should file the request 10 days after the arrest date. When the 10-day period lapses, license suspension is automatically imposed.

A Utah DUI conviction will have its equivalent penalties, fines, and license suspension both authorized by the court and the Driver’s License Division. These sanctions include:

1. First DUI conviction – minimum jail time of 48 hours or render work service program for a minimum of 48 hours or subject oneself to home confinement, a minimum fine of $700, and license suspension of 120 days;
2. Second DUI conviction – minimum jail time of 240 hours or render work service program for a minimum of 240 hours or subject oneself to home confinement, a minimum fine of $800, and license suspension of 2 years; and
3. Third DUI conviction – minimum jail time of 1,500 hours, a minimum fine of $1,500, and license suspension of 2 years.

Other sanctions that can be imposed by the state include supervised probation, vehicle impoundment and forfeiture, and participating in alcohol/drug screening and assessment. Once you have served your sentence, you can apply for a license reinstatement. In order to be able to get your license back, you have to prove financial stability by having a car insurance, which can be difficult to obtain once you have a DUI record.