DUI Attorney in Salt Lake City, Utah

Do I Need an Attorney?

One of my main objectives in representing my clients is to reduce the cost to them. In some cases, hiring an attorney is not necessarily an absolute “must do” when facing criminal charges. There are some cases that an individual would be perfectly well-equipped to handle their own case without the aid of an attorney, though it would be advisable to at least consult an attorney to find out if your situation fits that criteria. In DUI cases, however, the resulting consequences can be devastating on an individual, thus, it is highly advisable that you have an attorney help you through the process and ensure that you are making the best decision for you and your future.

What is DUI?

A person may not operate or be in actual physical control of a vehicle within this state if the person:

  • Has a blood or breath concentration of .05 grams or greater, OR
  • Is under the influence of alcohol, drugs, or a combination of the two to a degree that renders the person incapable of safely operating a vehicle

Facing a DUI Charge?

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Driving Under the Influence Does Not Require that You Actually Be DRIVING

The actual physical control requirement of DUI could result in devastating consequences for someone that isn’t even driving a vehicle. If you get into a car without any intention of driving it and you have a blood or breath concentration of at least .05 grams, you could be charged with DUI. This is especially problematic for those that leave the bar and get into their vehicle to stay warm while they sleep off the alcohol they just consumed.

Driver License

If you have been arrested or cited for DUI, You have 10 days in which to request a hearing with the Driver License Division. Call me for help in filling out the required form for requesting a hearing.

DUI Sentencing

A charge of DUI can be devastating for the individual charged. Most crimes committed in the state of Utah have a large amount of leeway when it comes to sentencing. However, in the case of DUI, there are many conditions which must be imposed at sentencing, such as:

  • Imposition of a jail sentence of not less than 48 consecutive hours; OR 48 hours of community service.
  • Required participation in a substance abuse screening and assessment and to complete the recommended treatment plan.
  • A fine of not less than $700, with additional surcharges applied.
  • If the blood alcohol level is .16 or higher, the individual must be ordered to supervised probation.

DUI Enhancements

DUI cases are extremely serious and can have a lasting impact on an individual, should they be convicted of DUI. If an individual is charged with DUI within 10 years of a previous DUI conviction, there are heightened sentencing requirements that shall exist, should that individual be convicted of the subsequent DUI, such as:

  • Imposition of a jail sentence of not less than 240 hours (10 days); OR imposition of a jail sentence of not less than 120 hours (5 days) in addition to home confinement of not fewer than 720 consecutive hours through the use of electronic monitoring that includes a substance abuse testing instrument.
  • Required participation in a substance abuse screening and assessment and to complete the recommended treatment plan.
  • A fine of not less than $800, with additional surcharges applied.
  • Supervised probation.
  • Installation of ignition interlock device.