Salt Lake Drunk Driving / DUI /
DWI Defense Lawyer

Salt Lake area judges and prosecutor's take
DUI charges seriously. If you are arrested for driving or being in
actual
physical control of a vehicle while intoxicated, you may be facing
jail time,
substantial fines, and other serious consequences. As an experienced
Salt Lake
criminal defense lawyer, Stephen Howard can help.
"Drunk Driving" in Salt Lake - More Than Just Alcohol
Utah statutes relating to driving under the influence apply to more than just
alcohol. The
typical
DUI charge in Salt Lake involves allegations that a person's blood or breath alcohol
level is above 0.08, or that the person's consumption of alcohol has caused a degree of
intoxication
that made the person unable to safely operate the vehicle. But
Utah DUI statutes also prohibit driving or actual physical control of a
vehicle if a person is under the influence of any drug (including
lawfully
prescribed medications)
to a degree that the person is not able to safely operate the vehicle.
Utah statutes also prohibit driving with any measurable amount of
any controlled substance or any controlled substance metabolite.
This includes both illegal drugs (e.g. cocaine, methamphetamine,
heroin, or marijuana/thc) as well as prescription drugs. However,
it is an affirmative defense to a metabolite charge that the driver had
a lawful prescription for the controlled substance.
Consequences of a DUI Conviction in Salt Lake
First-time DUI charges in Salt Lake are typically filed at the class B
misdemeanor
level. But even a misdemeanor DUI can result in jail time.
Enhancements can be imposed to increase the level of the offense
if the case involves an accident resulting in injuries or if a minor
child is in the vehicle at the time of the offense. Second and
third DUI offenses carry enhanced minimum mandatory sentences.
And a third charge within a 10-year period can be filed as a
felony charge carrying the possibility of up to five years in prison.
Beyond the criminal court process, Utah laws regarding DUI also
provide that the Driver License Division can impose a driver license
suspension of 120 days for a first offense, or a suspension of two
years for a second or subsequent DUI offense. This suspension can
be imposed before or without a court conviciton, and even before any
court appearances are scheduled. Utah law requires that a driver
cited for DUI request a hearing with the Driver License Division within
10 days of being cited. If no hearing is requested, the Driver
License Division typically will take action and suspend a driver's
license without waiting to see the outcome of any related court cases.
If you have been charged with DUI or a related offense in the Salt Lake area,
contact us today to schedule an initial consultation with
Salt Lake criminal attorney Stephen Howard.