Penalties for High BAC in Utah DUI Cases

Utah
prosecutors and judges take
DUI cases seriously. The Utah legislature
has also imposed significant penalties for
DUI
convictions, including enhanced mandatory penalties when the driver is
found to have had a high BAC (blood alcohol content). If you are facing
prosecution for DUI in Utah,
contact
us today to see how an
experienced
criminal
defense attorney
can help you.
Enhanced DUI Penalties at 0.16 BAC
The legal limit (as of January 1, 2019)
for driving under the influence of alcohol is a BAC of .05. At
that level and above, a person can be convicted of DUI without any
proof of impairment. This is sometimes referred to as a "per se" DUI.
At a BAC of .16 or higher, enhanced penalties are
mandated by statute. Mandatory penalties at a BAC of .16 or higher
include probation, treatment, and alcohol monitoring and/or home
confinement.
Probation
- In sentencing a defendant convicted of DUI, Utah courts are required
to either impose a jail term or place the defendant on probation. For a
first-time class B
misdemeanor DUI, the court is required to impose a
sentence that includes at least 48 hours of either jail or community
service. A class B DUI carries a potential of up to 180 days in jail.
If the court suspends a portion of that jail time, Utah law requires
that the sentencing court place the defendant on supervised
probation. Depending on which county or city the case is filed in,
probation may involve supervision by a government probation agency or
by a private probation provider.
Treatment/Sobriety
- When the court suspends jail and imposes probation on a DUI
convictions involving a BAC of .16, or higher, the court will require
substance abuse treatment and/or a 24/7 monitoring program to verify
sobriety. Substance abuse programs often address both alcohol and
drug
issues. The court has wide discretion in determining what kind of
treatment program will be required. Often, judges will require that a
formal assessment be done and that the defendant comply with the
treatment recommendations of that assessment. The 24/7 required
monitoring involves around-the-clock monitoring of program enrollees to
ensure sobriety.
Interlock/Monitoring/Confinement
- A judge imposing probation conditions on a high-BAC DUI case must
also impose at least one of the following three requirements, and can
impose more than one or all if the judge determines that more strict
monitoring is appropriate. The first option is the installation of an
ignition interlock system that requires a driver to blow into the
system to determine whether there is alcohol in the driver's system.
Typically, the court will require that a defendant install such a
system in any vehicle owned by registered to the defendant, or that is
available for the defendant's use. (In situations where a defendant
has no access to a vehicle, a sworn affidavit may serve as a substitute
for installation of the ignition interlock system.) The second option
requires that a defendant wear a transdermal alcohol monitoring device
that continually checks alcohol levels the the person's perspiration.
The third option available to a judge is home confinement. Sometimes
known as "house arrest," a home confinement program usually requires an
electronic monitoring device or "ankle monitor" that tracks the
defendant's location. Older versions of these monitoring systems often
required the installation of a radio device attached to a telephone
landline in the defendant's home that would notify probation
authorities if the defendant's ankle monitor moved out of range of the
radio receiver. More modern devices utilize GPS to track the actual
location of the defendant, and can be used to monitor location as well
as establish "no-go" zones and time schedules (allowing for
participation in treatment or employment).
Probation v. Jail in Utah DUI Cases

Keep
in mind probation is considered a "privilege" under Utah law. A
sentencing judge in a DUI case has the option of imposing jail time,
probation, or a combination of the two. The enhanced minimum mandatory penalties
discussed in this page are based on the assumption that a defendant
is being given the opportunity of probation. If the court determines
that probation is not appropriate, maximum penalties on a first-time
class B misdemeanor can include up to 180 days in jail and nearly
$2,000 in fines and surcharges. Other enhancements can significantly
increase the potential penalties for DUI cases involving repeat
offenders, accidents, injuries, minor passengers, or other complicating
factors. In some circumstances, enhancements can take a Utah DUI charge
to the
felony level.
Finding a DUI Attorney in Utah

DUI
prosecution is taken seriously in Utah. Your
defense should be serious
too. If you are charged with an alcohol DUI, metabolite DUI, or other
drug- or alcohol-related charges, having an experienced criminal
defense attorney on your side is critical.
Contact us now to see what
the
right defense attorney can do for you.
Please
note that the laws relating to DUI in Utah are subject to frequent
change. As of January 2, 2019, statutory amendments took effect that
reduced the BAC limit from 0.08 to 0.05 for a per se alcohol DUI. Other
changes are possible. If you are charged with DUI or a related offense
in Utah,
consultation with an
experienced attorney is strongly advised.