What Are DUI Laws in Utah?
The law in Utah is strict against drivers who operate vehicles under the influence of alcohol, drugs, or other mind-altering substances, including prescription drugs. The definition of a DUI under Utah Code § 41-6a-502 is when a person operates or is in actual physical control of a car when:
- Having a blood alcohol concentration of 0.05% or more
- Driving under the influence of alcohol, drugs, or a combination of both to the extent that they become unable to operate the vehicle safely.
- Having a measurable controlled substance or metabolite in their body
Salt Lake City criminal defense attorneys add that the legal framework holds commercial drivers to a higher legal standard concerning DUI than regular drivers. Commercial vehicles can be hazardous, as most are large and carry enormous weight. A slight mistake could cause an accident with devastating consequences.
What Are the Penalties if Convicted of a Commercial DUI?
According to Salt Lake City DUI lawyers, commercial driving license (CDL) holders are always held accountable to the highest standards, whether they are driving a commercial or private vehicle. So, you should be extremely careful and responsible about your driving. You risk hefty penalties if caught driving with a BAC of 0.04% or more.
It’s vital to note that when arrested for a DUI in Utah, you will have two cases:
Criminal Case
This is brought against you by the state and will be resolved in court. Possible criminal case penalties depend on the offense’s severity and whether it is a misdemeanor or felony. Possible penalties are:
- Court-imposed fines: A first-time DUI in the past ten years is a Class B misdemeanor with a minimum fine and fee of $1,420. The judge can increase the amount to $1,950 depending on various factors.
- Incarceration: A first-time Class B DUI conviction carries a compulsory minimum sentence of two days in jail, which could be increased to 180 days. Alternatively, the judge could order you to serve two days of community service instead of jail time.
- Probation: A first-time DUI conviction may attract 12 months of probation, meaning the court will keep your case open for one year from the date of conviction. During this time, you should follow the probation terms, such as performing community service, paying fines, or attending and completing alcohol education classes.
Administrative Case
This case revolves around license suspension or revocation and is brought against you by the Driver’s License Division. DUI attorneys in Salt Lake City say that if found guilty, the department may impose administrative penalties independent of the criminal penalties. They include:
- License suspension: Your license could be suspended or revoked, with the suspension period varying based on your previous criminal record and case circumstances.
- Installation of ignition interlock device (IID): You might be required to install a device on your vehicle to determine your BAC level before the car starts. If it detects alcohol, it prevents the vehicle from starting. This penalty is often imposed for cases with high BAC levels or multiple DUI offenses.
- Enrollment in alcohol and drug education programs: You may be required to participate in alcohol and drug education programs to be informed about the dangers of impaired driving. The programs also provide tools to help you make better decisions in the future. You must complete the program to have your license reinstated.
Apart from the criminal and administrative penalties, you risk facing collateral consequences, including losing your job. You could find it hard to secure employment, housing, or education opportunities in the future due to your past criminal record. Skilled DUI lawyers in Utah can defend you against the charges to protect your rights and future.
Aggravating Factors
DUI attorneys in Salt Lake City explain that you risk heftier penalties if your DUI case entails the following circumstances, which are considered significant violations in Utah:
- Refusing a breathalyzer test, blood test, or field sobriety test after a DUI stop by a law enforcement officer
- Operating or being in control of a commercial vehicle while intoxicated by an illicit substance
- Fleeing the accident scene
- Testing over half of the legal driving limit for alcohol
If it’s a first-time offense, these major violations could cause you to lose your CDL for 12 months. A second major violation could have your license revoked forever. Your DUI case could become more complicated if it involves bodily injury to or death of another person.
What Are the Possible Defenses Against Commercial DUI Charges in Utah?
After evaluating the case specifics, your criminal defense lawyers can help you beat the charges by devising an effective counter-strategy. Possible defenses include, but are not limited to:
- Challenging the accuracy of the breath or blood test
- Arguing that the police officer didn’t have probable cause to arrest you
- Poking holes in the reliability of the field sobriety tests
- Maintaining that you were not in actual control of the car
- Citing medical reasons for the high BAC levels
An Experienced Criminal Defense Lawyer Helping You Understand a Commercial DUI
Being charged for DUI can be overwhelming, especially if you are a CDL holder. The law is stricter towards commercial drivers as it expects them to be more careful on the road for their safety and that of road users. If you’ve been arrested for a commercial DUI, consult with skilled criminal defense attorneys in Salt Lake City immediately to explore your options.
Conyers & Nix is a reputable law firm with dedicated DUI attorneys in Salt Lake City. Let us evaluate your case and help you devise a strategic plan to beat the charges. A lot is at stake, and you can’t afford to be casual about commercial DUI charges. Call us at 385-469-1097 for a consultation.
