Picked up a DUI in Utah?
What is a DUI?
A DUI is essentially defined as an individual who was in actual physical control of a vehicle while under the influence of a controlled substance. So a DUI does not necessarily have to involve alcohol, it can also involve other drugs such any kind of illegal narcotic. If an individual has a prescription for a drug, it might be good to have that subscription on hand when pulled over.
Also, if a person is on a drug that is a controlled II substance that they have a prescription for, many of those drugs contain amphetamines, the same ingredient in some of the harder drugs. It's best to get an attorney on board if you have to deal with such an issue like that.
Fines and Jail time
DUIs can be complicated as there are many strings attached to them. If someone picks up their first DUI, they are charged with a class B misdemeanor. The maximum penalty in Utah for a class B misdemeanor is 6 months in jail and a $1,850 fine. The minimum jail time is two days, however, if you have a good attorney on your side, then can help negotiate community service in lieu of jail time.
If someone picks up their second DUI in ten years, then it will be a mandatory jail time of 10 days and a higher fine. A third DUI results in a 3rd degree felony 0 - 5 years prison and a minimum of 62 days in jail.
Then comes the other strings aside from fines and jail-time. There will be 12 months of probation. Probation can mean just don't commit any new crimes during the probation period. If someone does commit a new crime during probation and it is not just an infraction, then they can be charged with the new crime as well as a probation violation. The problem with a probation violation is they are suspending some of the jail and fine time for going on probation. If probation is violated, the judge can then impose the full maximum sentence once again.
Alcohol Classes mixed in the Probation formula
Also, the court will require that an individual take an alcohol evaluation. They will sent down with an evaluator and they will determine whether or not that person has an alcohol problem. If they feel they do, they will make a recommendation on classes that the person needs to attend. The recommended classes is part of that person's probation as well. So if the classes aren't completed on time, that can lead to a probation violation as well. Also, they must pay for the classes and the evaluation.
Finally, if a person is more than twice over the legal limit, the limit is .08 so if someone blows over .16 that person will be on supervised probation. They will be on supervised probation while their case is pending most likely because the prosecutor will argue that they are a danger to the community and they will be on supervised probation once they have entered their guilty plea.
Supervised probation means that that person will be subject to a stricter probation with a probation officer and will have to submit to random drug tests.
Further, that person will have to have an ignition interlock system installed in their car. This means that they will be unable to drive without that interlock system. If they are found driving a vehicle without the ignition interlock then they can be charged for a crime of driving without an ignition interlock and will also be on a probation violation.
Ignition Interlocks and the Driver License
Also, if the all important license comes up. A person has ten days to call in for a drivers license hearing. If they do not have that hearing, they will automatically suspend that person's license for a minimum of 3 months. If that person refused to take a blood draw, then their is an automatic license suspension.
In light of the suspended license and the ignition interlock device, most people think that since their license is suspended there is no point to get an ignition interlock device. However, if you are ordered to get an ignition interlock device, then you have to prove that you had it installed, even if you don't drive your car at the time.
Also, if your license is suspended, you still can't drive with an ignition interlock device installed. It is good to have it installed while you can't drive though because then you can start ticking the time off on when you can have the ignition interlock taken off. So why is that important?
Once one's license suspension is up, if they go to the DMV and they were supposed to have an ignition interlock installed, they will still have to have it installed for the period of time they were ordered to do. If they have it installed right away, they will have less time without having an ignition interlock once they are given the green light to drive.
Also, if you are convicted of a class A misdemeanor or higher, then your DNA will be taken and will be put in the government's database forever.