Salt Lake City DUI Defense Lawyer – Arnold & Wadsworth

Utah DUI Lawyers

If a motorist is found to have been operating a motor vehicle under the influence of alcohol or drugs, they will be arrested and charged with DUI (driving under the influence). A DUI is a serious crime, punishable by multiple penalties, which include jail time, community service and the suspension of the motorist’s driver’s license.

There are a few ways in which a motorist may be charged with DUI. The first is by having a blood alcohol content level (BAC) of .08 percent or higher if the motorist is over the age of 21. For commercial vehicle drivers, the minimum BAC level needed for arrest is .04 and for minors (persons under 21 years of age), the state of Utah imposes a ZERO TOLERANCE policy, meaning any viable amount of alcohol or drug consumption is enough to merit a DUI charge.

A motorist may also incur a DUI charge in Utah if they are physically showing signs of impairment, are driving recklessly due to alcohol or drug consumption, if they refuse to take a chemical test to determine intoxication, if the motorist is driving with a metabolite of a drug within their system, if they caused bodily harm or death to another under the influence of alcohol or drugs, or if they were driving with a minor in the vehicle while under the influence. If there was in fact a minor in the vehicle at the time of the DUI arrest, even if the motorist is committing their first DUI offense, they will be charged with a Class “A” misdemeanor instead of a Class “B” misdemeanor, which will lead to stricter penalties.

Once a motorist is arrested for DUI in Utah, they will be subject to two separate hearings: one in criminal court and the other with the Driver License Division (DLD). The criminal case determines penalties such as jail time, fines and other fees while the DLD hearing determines the fate of the DUI offender’s driver’s license, which can be suspended for several years.

Utah DUI Defense Lawyer

DUI in Utah – Impaired Driving – Free Consultation

Impaired Driving in Utah is usually an offense that some prosecutors use as a “plea deal” when someone is charged with Drunk Driving (DUI). At Arnold & Wadsworth we are DUI Defense Lawyers with offices in Salt Lake City and Ogden, Utah. When you have been charged with a DUI you need to remember that you are innocent until proven guilty. When you show up to your first appearance make sure to ask for time to talk to an attorney. This will show the prosecutor that you are taking your charges seriously.

If you have just been arrested for a drunk driving or impaired operating charge in the State of Utah, beware of the DUI laws in this state – the penalties can be severe for even a first offense and reduced charges are possible if you have a decent case and a knowledgeable defense lawyer. Nothing can replace a competent lawyer representing you. Don’t go to court or the DMV without a DUI lawyer representing you – get the public defender if you cannot afford a DUI attorney. Remain silent and only discuss your case with a licensed lawyer at Arnold & Wadsworth. We offer a free consultation so you have nothing to lose.

Remember, if you have been charged with Drunk Driving (DUI) you need to request a hearing with the DMV to have a chance to save your license. If you are able to come into our office during this time period we will send off the notices for you and set up your hearing. We will also represent you at your hearing.

We provide legal services for people that have been charged with a DUI in Salt Lake City, Ogden, Layton, North Salt Lake City, South Salt Lake City, Kaysville, Sandy, West Jordan, South Jordan, Farmington, Roy, Riverdale, Holliday, and other Utah counties and cities. Give us a call today for a free consultation (801) 475-0123.

Utah DUI Defense Lawyers – Arnold & Wadsworth

Utah Code – DUI Defense Lawyer – Impaired Driving

41-6a-502.5.   Impaired driving — Penalty — Reporting of convictions — Sentencing requirements.
(1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of impaired driving under this section if:
(a) the defendant completes court ordered probation requirements; or
(b) (i) the prosecutor agrees as part of a negotiated plea; and
(ii) the court finds the plea to be in the interest of justice.
(2) A conviction entered under this section is a class B misdemeanor.
(3) (a) (i) If the entry of an impaired driving plea is based on successful completion of probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
(ii) If the defendant fails to appear before the court and establish successful completion of the court ordered probation requirements under Subsection (1)(a), the court shall enter an amended conviction of Section 41-6a-502.
(iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of conviction.
(b) The court may enter a conviction of impaired driving immediately under Subsection (1)(b).
(4) For purposes of Section 76-3-402, the entry of a plea to a class B misdemeanor violation of Section 41-6a-502 as impaired driving under this section is a reduction of one degree.
(5) (a) The court shall notify the Driver License Division of each conviction entered under this section.
(b) Beginning on July 1, 2012, a court shall, monthly, send to the Division of Occupational and Professional Licensing, created in Section 58-1-103, a report containing the name, case number, and, if known, the date of birth of each person convicted during the preceding month of a violation of this section for whom there is evidence that the person was driving while impaired, in whole or in part, by a prescribed controlled substance.
(6) (a) The provisions in Subsections 41-6a-505(1), (2), and (3) that require a sentencing court to order a convicted person to participate in a screening, an assessment, or an educational series, or obtain substance abuse treatment or do a combination of those things, apply to a conviction entered under this section.
(b) The court shall render the same order regarding screening, assessment, an educational series, or substance abuse treatment in connection with a first, second, or subsequent conviction under this section as the court would render in connection with applying respectively, the first, second, or subsequent conviction requirements of Subsection 41-6a-505(1), (2), or (3).
(7) (a) Except as provided in Subsection (7)(b), a report authorized by Section 53-3-104 may not contain any evidence of a conviction for impaired driving in this state if the reporting court notifies the Driver License Division that the defendant is participating in or has successfully completed the program of a driving under the influence court.
(b) The provisions of Subsection (7)(a) do not apply to a report concerning:
(i) a CDL license holder; or
(ii) a violation that occurred in a commercial motor vehicle.

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