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Utah DUI Frequently Asked Questions:

Q:  Will I be able to get my Driving Under The Influence (DUI) case dismissed because I was not read my Miranda rights?

A: NO! But if you were interrogated after being placed in custody, your statements can not be used against you.

Q:  What is the chance of a judge sentencing me to jail for a first DUI in Utah ?

A: An experienced attorney may be able to keep you out of jail on your first DUI, but there are mandatory minimums of 2 consecutive days or 48 hours community service, and you should NEVER plead guilty unless the court tells you ahead of time exactly HOW much jail you are facing. NEVER plead on a prosecutors promise - they do not control the court no matter how nice or well-intentioned they may seem. Many courts are beginning to sentence first timers to 2 days in jail, and more, for example in Salt Lake City justice court, a few judges sentence first time DUI's with blood alcohol levels over .180 g/100 ml to three (3) days in jail. And more than a few courts such as Cottonwood Heights and South Jordan, sentence first time DUI's to two (2) days in jail regardless of intoxication level or standardized field sobriety tests.

Q: I had two alcohol offenses when I was younger. What will happen to my license if I have a third conviction?

A: Your licesnse will be automatically revoked for two years.

Q: How many hours of alcohol classes will I have to take?

A: Plan on at least 24-48 hours, one two hour session per week. The higher your BAC, the more hours you will have to take.

Q:  What will happen if I do not complete the classes or public service ordered by the Court?

A: You will go to jail.

Q:  I lost my Utah license. May I obtain a license in another state?

A:  In most cases, no.

Q: Am I a bad person, because I was arrested for a DUI?

A: No, but you are well advised to never, never smell like alcohol while behind the wheel.

Q: What if I burped within twenty minutes of blowing into a breath machine?

A: The Intoxilyzer may have read alcohol from your stomach, rather than your lungs. The result may be incorrect. A similar problem can occur with dentures.

Results that speak for themselves.