Can I be charged with DUI in Utah if I blow under the legal limit?
The legal limit for blood or breath alcohol content while driving in Utah is .08. But you may still be charged for DUI even if you blow under the legal limit, and even if you have no alcohol in your system.If you are facing criminal charges for DUI in Utah, it is vital to have the assistance of an experienced criminal defense attorney. Some of the consequences of a DUI charge in Utah can be imposed against you even before your first court date.
Based in Salt Lake City, criminal defense lawyer Stephen Howard offers legal services to clients throughout Utah. Contact us today to arrange for an initial consultation.
Traditional DUI Charges in Utah
Under
Utah criminal law, a DUI can be charged if you are over the legal
limit, or if you have alcohol, drugs,
or a combination of alcohol and
drugs in your system at a level that makes you incapable of safely
operating a vehicle. While most often you will not be charged
with DUI in Utah if you are under the legal limit of .08, if police or
prosecutors believe that a lower level of alcohol was preventing you
from driving safely, you can still be charged.Of course, just being charged with DUI is different from being guilty or convicted of DUI. If your blood or breath alcohol level was below the legal limit, the prosecutor will have to present evidence that you impaired by either alcohol, drugs, or a combination of alcohol and drugs - to a point that you were not able to safely operate your vehicle.
It is not sufficient for a prosecutor to simply show that you committed traffic violations or were driving recklessly. To obtain a DUI conviction on a person who was under the legal limit, the prosecutor will have to show a connection between the unsafe driving and any alcohol that had been consumed.
Utah Controlled Substance or Metabolite DUI
Utah law also provides another avenue for prosecutors to seeks a "DUI" conviction when a person is below the legal limit for alcohol. Using what is commonly referred to as a "metabolite DUI" charge, prosecutors may be able to obtain a conviction when a person is below the legal limit for alcohol and shows no signs of impairment.Utah's DUI metabolite law does not require any proof of driving impairment. The charge is based on the presence of either a controlled substance or a controlled substance metabolite as detected by a test of the driver's blood or urine. But unlike a traditional DUI charge (requiring proof of impairment), a conviction for metabolite cannot be based solely on the presence of a controlled substance metabolite or controlled substance for which the driver has a valid prescription.
Finding a Utah Criminal Attorney in Salt Lake City
If
you are facing DUI or other criminal charges in Utah, you should
speak with an experienced Utah
criminal defense lawyer. Based
in Salt
Lake City, Stephen
Howard has handled literally thousands of serious criminal
cases - more than most Utah attorneys will handle in their entire
careers. His track
record includes not guilty verdicts and dismissals for some
of the most serious charges on the books in Utah.Contact us now to schedule an initial consultation.
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Offenders
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Offenders
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Clients
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Dismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
Dismissed -
Client facing first-degree felony drug distribution
charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work
resulted in negotiated offer of misdemeanor plea-in-abeyance and
ultimate dismissal of case.
Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
Dismissed at Preliminary Hearing
- Client
charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
- Recent Posts
What
should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....
Strategy »
Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....
Experience »
A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
Consequences »
Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....
Reasons to Hope »
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
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