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.
- Tooele DUI - 45 y/o m, DUI w/ accident, .187 BAC, Poor SFST's; RESULT: Impaired Driving; Sentence: 48 h c/s, no jail, 60 d lic sus, MADD, PfL, Assess, No Ignition Interlock, 12 mo unsup prob.
- NP - 26 yr old male, DUI - .81 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock....
- SLC - 49 yr old male, DUI - .178 BAC, Open Container, Result: NO DUI CONVICTION - No license suspension, no ignition interlock
- SLC - 26 yr old male, DUI - .153 BAC, Speed Exhibition; Result: NO DUI CONVICTION - No license suspension, no ignition interlock
- HEBER DUI - 41 y/o m, Third DUI, Felony, single car accident, al. rest. dr, IID rest., 164 BAC, actual physical control case; RESULTS: NO FELONY DUI CONVICTION W/ 402 REDUCTION TO CLASS A; Sentence: 60 d jail w/ work release, 36 m., Sup. Prob., fine, MADD, PfL, IID, only 120 d. lic. susp.
- SLC - 23 yr old fm, Second DUI, .084 BAC, Set for trial; RESULT:NODUI CONVICTION; Sentence: Impaired Driving, no jail; loss of lic, ignition Interlock device, 48 hours c/s, MADD VIP.
- WDVR - 46 yr old male, DUI - .190 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock....
- CLRFD - 23 yr old male, DUI - .80 BAC, Turn Signal; Result: NO DUI CONVICTION, No license suspension, no ignition interlock....
- WASATCH COUNTY DUI - 45 y/o f, Third DUI / 10 yr; charged as a felony, .135 BAC, + ETOH rest. dr., IID rest. dr.' NO FELONY DUI CONVICTION; reduced to second dui by disqualifying prior as enhancement; Sentence: 30 days ankle monitor, Sup. prob., all but DUI dismissed; MADD, PfL, fine, 12 mo. lic. sus.
- CH/H - 28 yr old male, speeding/DUI - .370 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock.....
- RVTN - 28 yr old male, TRIPLE DUI (Three DUI's In One Month) - #1 - Result: NO DUI CONVICTION, No license suspension, no ignition interlock
- Murray - 25 yr old male DUI .126 BAC, Speeding; Result: Impaired Driving, No Ignition Interlock, No Supervised Probation, Speeding dismissed.
- RVTN DUI Case 07-9646787 CH/H - 35 yr old male, (APC-Trial) DUI - .197 BAC, Result: NO DUI CONVICTION - not guilty, No license suspension, no ignition interlock, Sentence: none.
- Logan DUI - 33 y/o m, Felony third DUI (mandatory 62.5 d jail), RESULTS: DUI CONV. W/ 402 Reduction to Class A mis.; SENTENCE: 180 d jail w/ work release, fine, 36 mo. sup. prob., AA, MADD VIP, L. II PfL.
- LGN DUI Case 088492033 LGN - 45 yr old male, Two DUI's One Week Apart: DUI - .197; DUI .212 BAC, Result: Single DUI CONVICTION - no jail; Sentence: 10 Week alcohol treatment program. 90 Day license suspension, ignition interlock, 12 mo. probation.
- SLC - 24 yr old female, speeding/DUI - .110 BAC, Result: NO DUI CONVICTION, No license suspension, no ignition interlock.....
- SC - 39 yr old male, (Trial) DUI - .000 BAC, Result: NO DUI CONVICTION - No license suspension, no ignition interlock
- SALT LAKE DUI - 57 y/o m, Second DUI (Mandatory 10 d jail), .176 BAC, open container; RESULTS: NO DUI CONVICTION, evidence suppressed on de novo appeal to district court; SENTENCE: None.
- Holladay / Cottonwood Heights: .320 UAC, DUI, Speeding. Results: Reckless Driving, non-alcohol related, No DMV Suspension, No Ignition Interlock . . .
- Vernal DUI - 29 y/o m, actual physical control case, .082 BAC, second DUI, RESULT: NO DUI CONVICTION, Sentence: Reckless Driving, 48 h c/s, PfL, MADD, one yr prob, no infractions.
- Summit County DUI - .125 BAC, stopped for speeding, No DUI Conviction, No DMV license suspension, no ignition interlock . . .
- GRNTSVLE DUI - 42 y/o fm, Second DUI, .248 BAC, RESULT: DUI CONVICTION; Sentence: No Jail, 48 h c/s, sup probation, MADD VIP, Interlock, Lic Sus.
- BOUNTIFUL DUI - 27 y/o f, Second DUI .245, (Mandatory 10 days jail); Sentence: DUI Conviction, Work Release/Home Monitoring, IID, 12 Mo.Sup Prob, fine, MADD.
- WEST VALLEY DUI - 37 y/o m, Second DUI, .137 BAC, single MC accid. w/ inj. (mandatory 10 days jail); RESULTS: BAC evidence suppressed, plea bargain to no jail, #2 DUI, SENTENCE: 240 h c/s, 12 mo.sup. prob., PfL, MADD VIP, fine.
- Morgan DUI & Poss. C/S - 24 y/o m, Third poss c/s (poss felony), first DUI, metabolite; RESULT; PIA Poss c/s, NO DUI CONVICTION; Sentence: 48 h c/s, PfL, U/A's, Assess, 12 mo unsup prob.