Will I have to take classes or do treatment for a Utah DUI
charge?
If you are convicted of a
DUI
in Utah, you can expect to be required to take classes and/or
participate in substance abuse treatment. Unless the judge
imposes the maximum jail time and denies all requests for probation,
treatment or classes should be expected.
Under Utah Code Ann. 41a-6-505, when sentencing someone even for a
first DUI in Utah, a judge is required to have the person screened
and/or assessed for substance abuse treatment. As a condition
of probation, the judge may require the defendant to participate in
whatever treatment is recommended through the formal assessment.
If the court determines that treatment is not appropriate or
necessary, the court is still required under the law to order the
defendant to participate in an educational series.
If a person refuses the opportunity of probation and simply serves out
the jail time for a DUI conviction, then the court loses jurisdiction
over the matter and cannot force the person to participate in classes
or counseling. However, this is only true if none of the jail
time is suspended. The maximum potential jail time just for a
first Utah DUI conviction is 180 days. Most people consider
doing classes or treatment to be a small price to pay for avoiding six
months in jail.
Since treatment is virtually unavoidable if you are convicted of a DUI
in Utah, it can often be to your benefit to begin the
screening/assessment/treatment process even before you are ordered to
do so by the court. Some people may be reluctant to begin
treatment before sentencing out of fear that their participation could
somehow be used against them in trial. This is not true.
If you decide to take your Utah DUI case to trial, a
prosecutor should not be allowed use any evidence relating to your
participation in treatment. On the other hand, getting
involved in treatment early can be a huge benefit to you either in
negotiating a reasonable resolution to your case, or at a sentencing
hearing if one becomes necessary.
If you are facing prosecution in Utah for DUI or other criminal
charges,
contact us
now to schedule an initial consultation with Stephen Howard.
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