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.
- What You
Need to Know - Choosing an Attorney
- Avoiding Common Mistakes
- First-Time
Offenders
- Repeat
Offenders
- Out-of-State
Clients
- What to Expect in Court
- Potential Penalties
- Reasons for Hope
- Attorney Practice Areas
- Felonies / Misdemeanors
- District / Justice Courts
- Jury Trials / Bench Trials
- Pleas in Abeyance
- Expungements
- 402 Reductions
- Bench / Arrest Warrants
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- Selected Crimes
- Drug Crimes / Addiction
- DUI / Alcohol Crimes
- Property Crimes
- Financial / White Collar
- Violent Crimes
- Domestic Violence
- Aggravated
Crimes
- Selected Victories
Not Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
Dismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
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.
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I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve
the case without returning to the state. . . .
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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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