Utah DUI Attorneys

A DUI charge can affect everything from your driving privileges to your professional reputation. Even worse, a conviction can attract hefty fines, license suspension, and even jail time.

At Preston Day Law, our mission is to provide straightforward and effective DUI defense for Utah residents in Utah County and Salt Lake County. With extensive courtroom experience and a commitment to putting clients first, our attorney brings a knowledgeable and a compassionate approach to every case.

You will find peace of mind in knowing that you have a dedicated legal team on your side, one that understands the ins and outs of DUI law and the personal impact such charges can have on your life.

At Preston Day Law, we focus on the details so you can focus on moving forward. Our attorney’s background as a former prosecutor gives us invaluable insights into how the opposition builds its case.

We’re familiar with the methods employed by prosecutors and know how to counter them effectively. Our goal is to minimize the impact of a DUI charge on your life while safeguarding your rights throughout the legal process. We proudly serve clients across Utah County and Salt Lake County.

DUI Laws in Utah

Utah has some of the strictest DUI laws in the nation. Here are key aspects you should be aware of:

• Blood Alcohol Concentration (BAC) limit: The legal BAC limit in Utah is 0.05%, the lowest in the United States. Exceeding this limit can result in a DUI charge.

• Implied consent law: By driving in Utah, you automatically consent to submit to chemical tests if suspected of DUI. Refusal can lead to license suspension and be used as evidence in court.

• Penalties for DUI

1. First offense: Potential penalties include up to 180 days in jail, a fine, and a 120-day license suspension.

2. Second offense: Fines increase, and offenders may face up to 240 days in jail with a two-year license suspension.

3. Third offense and beyond categorize as felonies, carrying more severe consequences including extended imprisonment.

• Zero tolerance for drivers under 21: Utah enforces a zero-tolerance policy for drivers under 21, meaning any detectable blood alcohol content can result in a DUI charge, strict penalties, and license suspension.

• Enhanced penalties for high BAC: If a driver is found with a BAC of 0.16% or higher, they may face enhanced penalties, including longer jail time, greater fines, and extended license suspension or revocation.

• Mandatory ignition interlock devices: For certain offenders, particularly repeat offenders or those with high BAC levels, a court may mandate the installation of an ignition interlock device, which prevents a vehicle from starting if alcohol is detected in the driver's breath.

• Impact on professional licenses: A DUI conviction can result in the suspension or revocation of certain professional licenses, such as a commercial driver's license or pilot's license

Defending Against a DUI Charge

At Preston Day Law, our goal is to help you avoid a DUI conviction and minimize the consequences of the charge. We do this by building a strong defense tailored to the details of your case. Some common strategies we may employ include:

• Challenging evidence: We will examine the evidence against you, including field sobriety tests and chemical test results, to identify inconsistencies or errors that could weaken the prosecution's case.

• Questioning probable cause: Police must have a valid reason for stopping you and suspecting you of DUI. If we can show that they lacked probable cause, any evidence obtained during the stop may be deemed inadmissible.

• Negotiating with prosecutors: In some cases, it may be beneficial to negotiate with prosecutors for reduced charges or plea bargains. Our attorney has extensive experience in this area and knows how to negotiate for the best possible outcome.

• Representing you in court: If your case goes to trial, our attorney is prepared to vigorously defend you and challenge the prosecution's arguments. We will work tirelessly to protect your rights and make sure you get a fair trial.

• Exploring alternative sentencing options: Depending on the circumstances, it may be possible to pursue alternative sentencing options such as community service, alcohol education programs, or probation instead of jail time. Our team can help negotiate these alternatives to lessen the overall impact of a DUI charge on your life.

• Reviewing arrest procedures: We will meticulously review the arrest procedures followed by law enforcement to ensure your rights were not violated during the stop, testing, or arrest process. Any procedural errors or violations of your rights can be crucial in defending against the DUI charge and may result in evidence being suppressed or the charges being dismissed.

DUI Attorney in Salt Lake County, Utah

At Preston Day Law, we're here to guide you through the legal system with confidence. Our attorney has the experience and dedication needed to minimize the impact of a DUI charge on your life. We work tirelessly to protect your rights and provide you with the best possible outcome. If you're facing a DUI charge in Salt Lake County or Utah County, schedule a consultation with us and take the first step toward securing your future

Getting arrested for driving under the influence, or DUI, in Utah County can result in serious consequences, including fines, license suspension, and even a jail sentence. If faced with DUI charges in Utah County, it is important to know your rights and get legal representation quickly. A qualified lawyer from Preston Day Law can represent you in court, negotiate a plea bargain if necessary, present evidence in your favor, and examine all of the evidence against you to determine its validity.

There are several factors that can affect how a DUI case is resolved. These include whether this is your first DUI offense or if you have past convictions; the amount of alcohol consumed; any drug use; roadside test results; and whether anyone else was injured as a result of your actions. By having an experienced attorney on your side during this process, they will be able to assess all the facts and develop an appropriate defense strategy on your behalf. Additionally, they may also offer valuable advice regarding any plea deals or other alternatives that could potentially reduce or dismiss any penalties associated with your DUI charge.

Understanding DUI Charges in Utah County: Know Your Rights

In Utah, it is illegal to drive or be in control of a vehicle while under the influence of alcohol and/or drugs:

• While "incapable of safely operating a vehicle" due to drugs/alcohol, or

• With a blood alcohol concentration (BAC) of .05% or higher (Utah was the first state in the United States to reduce the legal blood alcohol content (BAC) limit from 0.08 percent to 0.05 percent for drivers over the age of 21)

When charged with your first DUI in Utah, you could face the following consequences:

• Mandatory 48-hour jail term or 48-hours of community service

• License suspension

• Installation of an Ignition Interlock Device (IID) for a year and supervised probation (if your Blood Alcohol Limit (BAC) was 0.16% or higher)

• Fines of at least $1,310

Drivers convicted of felony DUI face:

• Up to five years in prison or 1,500 hours in jail

• A fine of at least $2,850 will also need to be paid

• If the driver's BAC was .16% or greater, the court is generally required to order an IID, SCRAM bracelet, and/or electronic home monitoring

• If the judge considers the driver a safety hazard, an additional 90-day to 2-year license suspension could also be ordered

Will a DUI Stay on My Record in Utah? 

When an individual is charged with DUI in the state of Utah, it will most likely stay on their record for 10 years. After that period, it can be expunged. 

Can You Get a DUI in Utah Without Driving? 

In the state of Utah, a motorist can get a DUI without driving. If an individual was in physical control of the vehicle while under the influence of alcohol, drugs, or with an illegal BAC level, that person could be charged with a DUI. The courts apply a totality of circumstances test to determine if a driver was in physical control of the vehicle.

Some of these factors include but are not limited to the following: 

• Where the driver was in the car

• If the driver has the ignition key

• If the driver was touching the steering wheel or found operating controls

• Whether the driver was awake or asleep

Determining actual physical control depends on the specific facts of a case. Therefore, it is important to consult with an experienced Utah County DUI attorney if you are charged with this type of DUI.