How Long Do They Keep You In Jail For A DUI in Utah?

How Long Do They Keep You In Jail For A DUI

Most people are aware that a DUI offense can have various negative consequences including Driver’s license suspension (though it may be possible to continue driving with an ignition interlock device (IID) installed), Fines and Mandatory alcohol program. However, the possibility of serving jail time is likely the scariest consequence of a DUI conviction or DUI probation violation. It is not always clear when a DUI can land you in jail.

How long you go to jail for drunk driving in Utah depends on your blood alcohol content (BAC) and whether you have previous drunk driving convictions. The penalties for a DUI conviction in Utah range from no jail time to as many as five years in prison. But even if you escape jail, you could face a number of other penalties for drunk driving in Utah. These penalties could include license suspension, probation, fines, and mandatory alcohol treatment. You will also face many DUI costs of which you were likely unaware.

DUI Penalties in Utah

In Utah, the courts take drunk driving seriously. Even for a first offense, you could face probation, fines, traffic safety school, and alcohol treatment. The penalties get progressively worse if you receive subsequent convictions or if your BAC rises above certain thresholds. The DUI penalties in Utah based on the number of previous convictions you have are as follows:

No Prior DUI Convictions

If you have no prior DUI convictions and your BAC was at or above 0.08% but below 0.1%, you could face:
• Up to six months’ probation
• A maximum fine of $300
• Mandatory traffic safety school
• Possible alcohol treatment

If you have no prior DUI convictions and your BAC was 0.1% or above but below 0.16%, you could face:
• A one-year driver’s license suspension
• Up to six months in prison
• A maximum fine of $5,000
• Mandatory traffic safety school
• Possible alcohol treatment

If you have no prior DUI convictions and your BAC was 0.16% or above, you could face:
• One-year driver’s license suspension
• Up to six months in prison
• A maximum fine of $5,000
• Mandatory traffic safety school
• Possible alcohol treatment

One Prior DUI Conviction

If you have one prior DUI conviction and your BAC was at or above 0.08% but below 0.1%, you could face:
• Up to 12 months driver’s license suspension
• Up to six months in prison
• A maximum fine of $2,500
• Mandatory traffic safety school
• Possible alcohol treatment
• One-year ignition interlock

If you have one prior DUI conviction and your BAC was at or above 0.1% but below 0.16%, you could face:

• Up to 12 months driver’s license suspension
• Up to six months in prison
• A maximum fine of $5,000
• Mandatory traffic safety school
• Possible alcohol treatment
• One-year ignition interlock

If you have one prior DUI conviction and your BAC was 0.16% or above, you could face:

• Up to an 18-month driver’s license suspension
• Up to five years in prison
• A maximum fine of $10,000
• Mandatory traffic safety school
• Alcohol treatment
• One-year ignition interlock

Two or More Prior DUI Convictions

If you have two or more prior DUI convictions and your BAC was at or above 0.08% but below 0.1%, you could face:
• Up to a 12-month driver’s license suspension
• Up to two years in prison
• A maximum fine of $5,000
• Alcohol treatment
• One-year ignition interlock
If you have two or more prior DUI convictions and your BAC was at or above 0.1% but below 0.16%, you could face:

• Up to an 18-month driver’s license suspension
• Up to five years in prison
• A maximum fine of $10,000
• Alcohol treatment
• One-year ignition interlock

If you have two or more prior DUI convictions and your BAC was at or above 0.16%, you could face:

• Up to an 18-month driver’s license suspension
• Up to five years in prison
• A maximum fine of $10,000
• Alcohol treatment
• One-year ignition interlock

First, Lawyer can review the circumstances of your case and determine if it is possible to create reasonable doubt as to your guilt. Perhaps the arresting officer did not follow proper protocol. Maybe the breathalyzer used to capture your BAC was not properly calibrated. There are dozens of potential ways to call your guilt into question. If it looks as if the prosecution has unassailable proof of your guilt, a lawyer can negotiate with the state to knock your DUI charge down to a lesser charge. Everyone who gets a DUI immediately goes to the “this is the end of the world” extreme, but in reality, DUI’s are charged against all different types of people, and there are definitely folks who you know who have gone through this but have not made their battle publicly known. So the primary thing to know is that you’re not the first person that has gone through this and that people have made it through these circumstances before without it ruining their lives.

Getting one DUI charge doesn’t make you an alcoholic, a bad person, or a low-life. On today’s roadways, police officers generally do not show mercy to anyone who has had even one drink, some marijuana earlier in the day, or, on certain occasions, those drivers who are just taking their medications as prescribed. In short, getting a DUI is a lot easier than you think. If and when it happens, you just have to be ready. For a first-time DUI, an officer does not have to book you into jail and often times, if you are respectful to the officer, he will bring you home after he has processed the DUI so that you can at least sleep in your own bed. Your car will always be impounded when you’re arrested on suspicion of DUI, so getting that back should probably be your first priority, as the bill can rack up quickly if it sits there too long. If you are booked into jail on your first DUI, it is smart to try to bail out as quickly as possible. Bail on a first DUI generally will be $1,000, and you can, therefore, get a bail bond for about $100, or you can post the full amount, which means that it will all be returned to you at the conclusion of the case. One tip here is that if you are eventually convicted of a DUI (under a 0.15 BAC), you will have a mandatory minimum of 24 consecutive hours in jail. Therefore, if you’ve been in jail for let’s say 20 hours and then bail out, you will not be given credit for that.

It may be wise to sit there for 4 more hours to get the full 24 hours in, which may mean you don’t have to go back to jail later on. Once you are out of jail and you’ve retrieved your car, the best thing you can do is call a DUI attorney. It’s actually wise to call a DUI attorney before you’ve decided whether to take the breath test at the station as well, but here we’re focusing on what to do after you’ve been arrested. Most times when you leave jail or after you’ve been dropped off by the officer, you do not have a court date in your hand yet. You will receive a summons in the mail in the weeks or months following the arrest, which will tell you what your first court date is and what court it will be held in. Again, sometimes this summons comes during the week of the incident and sometimes you have to wait and wait for it to arrive. This depends on several factors, one of which is whether you did a breath test or a blood draw. Blood draw cases have to be sent to be tested and then the results are returned to the prosecutor’s office. This means that your summons in a blood draw case will generally take longer. Just because the summons might take a while to get to you, doesn’t mean it’s a good idea to just sit back and do nothing after the arrest, as there is also the Department of Licensing side to a DUI case.

When you get arrested for a DUI you will generally be given a form showing you how to request a Department of Licensing (DOL) Administrative Hearing. This hearing must be requested within 20 days of arrest, regardless of what is happening with your criminal case, so there is a reason to get moving on talking to a DUI attorney once arrested. If you do not request a hearing within this 20-day time period, and your breath test was over the legal limit, your license will be suspended automatically starting 60 days after the incident date. While you don’t technically need an attorney for the DOL hearing, to not have one is to basically throw away the money for the hearing ($375.00) as these are complex hearings where legal issues need to be understood and argued. An attorney can talk to you about what happened while it is fresh in your memory and can even help you submit the DOL hearing request. Essentially, the defense for your DUI can start long before the criminal charge is filed.

In addition to the benefits of having things fresh in your mind and having an attorney there to help you with the DOL hearing from the beginning, there are another few benefits to getting an attorney on board right away. There may be investigative items that need to be looked into which will disappear with time. An attorney might want to have you get started with a drug and alcohol evaluation right away. An attorney may want to start preparing pretrial motions for your case so that they can put the prosecutor on notice of issues right off the bat. These are just a few of the reasons to consult an attorney right away, but the main reason this makes sense is that you’re usually going to be paying an attorney a flat fee for representation, so why not get your money’s worth and have him or her help you throughout? It should be the same cost either way so let your attorney work for you from the get-go. A DUI charge is a daunting task, but having a trusted attorney on your side throughout makes you realize that this won’t be the end of your life as you know it.

An arraignment is the act of bringing a defendant to court and formally reading the charges against him or her. It is at this point that you enter your plea: guilty or not guilty. However, that’s not the only jail time you will serve if you are convicted. All DUI crimes in Utah come with jail time. How long you are in jail depends upon the severity of the crime with which you were charged. Upon being arrested on a DUI charge, you will be brought to the police or Sheriff’s station for processing. If you are injured in a crash related to a DUI, you will be brought to the hospital first, and then processed upon your release.

Once you arrive at the station, you will likely be ordered to take a chemical test to measure the amount of suspected alcohol or drugs in your system. After that, you’ll be read your rights and questioned. You can have a lawyer present for this, if you so choose. From there, your driver’s license will likely be taken away, and you will be given a temporary license in its place. You will be informed that your license is to be suspended, however you have ten days to fight the suspension. You may want to consider retaining a lawyer to help you fight this. Living without a license is incredibly stressful, especially when trying to get to work and back. And the last thing you need is to be charged with driving without a license. While you may be held in a jail cell during this process, this is local prison, not a prison for hardened criminals. If this is your first DUI-related conviction, or if your last DUI-related conviction was more than 10 years ago, you will be sentenced to a minimum of 48 hours in jail, up to but not exceeding six months. Time served will be in a local prison, rather than a state prison and you can usually serve your time in the same city of your arrest. A DUI defense lawyer may be able to work out a negotiation in your favor. For instance, he or she may be able to convince the court to supplement your 48-hour jail sentence with a five-day work release instead.

If, however, this is your second or third offense, the punishments may be more severe:
• Second DUI Offense – Up to a year in a local jail
• Third DUI Offense – Mandatory six months to a year in a local jail
• Fourth (or More) DUI Offense – Up to 3 years in state prison
If you have four or more offenses, it no longer matters if they were within the last ten years. You can be sentenced to up to three years in jail, even if it has been ten years since your last conviction.

DUI Attorney Free Consultation

If you’ve been charged with a DUI in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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How Long Do They Keep You In Jail For A DUI?

How Long Do They Keep You In Jail For A DUI

If you are someone that loves to party all night long and then you immediately get behind the wheel and race with your friends, then that is really something that will get the cops angry on you. You might say that you are doing fine behind the wheel and that there is nothing wrong that can happen, but the law is the law and it doesn’t really matter if you’re a superhero or not, you will need to abide to it.

Thus, if you will get to meet the police on the way and they will stop you and notice that you are drunk, you will certainly need to consider getting yourself a UTAH DUI Attorney. You will see that he will know exactly what to do in order to get you out of the mess that you have fallen into.
Some people will think that they are so smart and they will delve into getting out of this situation by themselves, by that will certainly be a mistake, as every case is different and has a certain degree of complexity. You will sooner or later need professional help from a Utah DUI Attorney. When you will get in touch with such a lawyer, you will not have to worry about the outcome of the trial in court, for he will swing things around so that you will get to win the trial. He has the necessary know how that he will certainly employ in order to get you out of this mess.
You will see that the prices for such lawyers will vary and you will need to get one according to your budget. If you think that getting one is too expensive for your pockets, then think of the fact that going to jail is not something that will make you happy. So spending a few extra hundreds dollars will only be to your benefits.
There might be errors in the tests you took, for example in the blood tests or in the chemical tests. There are some cases in which the equipment the specialists are using is very much old and not working up to par, so this is the perfect scenario for a mistake to slip in.
These are important things that a lawyer will consider when he will be trying to win your case over the accusation. Always make sure to get a good DUI lawyer, as your chances of getting away with it will increase a lot.
Ok. So you went out one night and had a few too many and you got arrested for DUI. You sat in jail over night and finally bonded out or got ROR’d the next morning. You may even have blown over the legal limit. You feel bad physically from the arrest and spending the night in jail. You may also feel bad physically from the “few too many” that you had the night before. Many times I have been asked by potential clients that have blown over the.08 limit here in Utah, whether it is worth it to retain an attorney? The answer is yes. I know. Of course I am going to say that. I represent people who get arrested for DUI. That is true. While I would like you to hire me, ultimately I believe that no matter how your case looks at the beginning, it is always a good idea to hire an attorney for DUI cases. They are arguably the most complicated criminal cases to prosecute, and that includes murder cases.

When you are arrested for DUI in the state of Utah, it triggers two separate procedures: most people are aware that they are criminal prosecution, and the administrative suspension of your driver’s license. Once you are arrested for DUI, the clock is ticking. You have 10 calendar days from the date of the arrest to file a request with the Utah Department of Highway Safety and Motor Vehicles (DHSMV) for a review of your case to challenge the suspension of your driver’s license. If you fail to timely file this request, you will waive a very valuable right. Even if you are not convicted of the criminal case, you will have your driver’s license suspended while the criminal case is pending. Utah law allows for you to have a formal hearing to contest the sufficiency of the procedures followed which ultimately led to your administrative suspension. Of course having the hearing does not guarantee that the suspension will be overturned. However, it does happen. So why would you waive this right?
What can my attorney do to defend my DUI charge?
It is important to remember that no attorney can tell you exactly how they are going to defend your case during that first phone call or initial office consultation. So when you call the attorney and tell him that you got arrested for DUI and your breath test was a.20, our work won’t really begin until we start reviewing the discovery (police reports, witness statements, video’s, crash reports, etc.). Only then will we begin to determine what defense, if any, is appropriate. However, there are several ways that we as criminal defense attorneys can help you during a criminal case in general and a DUI specifically.
Motions to Suppress
In addition to the administrative process, you will be facing a criminal charge of DUI. I know a form prosecutor in Utah who said: I spent some of my time prosecuting exclusively criminal traffic court cases. During that time I read DUI report after DUI report. I can tell you that many, many times I read cases where police officers made glaring errors during the DUI arrest. Because of the rights guaranteed by the 4th and 5th Amendments to the United States Constitution, it doesn’t matter how many drinks you had; or how high your breath test was; or how poorly you performed on the field sobriety tests. If law enforcement violated your right to an unreasonable search and seizure, or violated your Miranda Rights; your attorney can do something about it. I remember sitting in my office and thinking to myself that I hoped this guy or that guy didn’t hire a lawyer to contest the charges because I would see that the arrested person could file a motion to suppress certain facts. When evaluating your case and determining if there is a motion to suppress in your case, your attorney will look to see if the is a Motion to Suppress with respect to some of the following issues:

The Stop

Often times the initial traffic stop by law enforcement was conducted in violation of the 4th Amendment to the U.S. Constitution. Was there only minimal weaving over a short distance? Or was there some other minimal driving pattern that does not rise to the level of reasonable suspicion required by law enforcement to make a traffic stop? If so, and the Court grants a Motion to Suppress then your case is over. If the initial stop is successfully suppressed, the State cannot go forward on the rest of the DUI case.

Field Sobriety Tests (FST’S)

Consumption of alcohol alone does not justify a law enforcement officer’s request for FST’S. After a review of the evidence in your case it may be determined that after your routine traffic stop, the law enforcement officer only documented an odor of alcohol or blood shot watery eyes. Based on this, or some other fact, it may be possible to suppress the FST’s.

Violation of Miranda Warnings

During the DUI investigation, did law enforcement fail to advise you that you have the right to an attorney during questioning? Or did they advise you improperly? Often times statements made by a criminal defendant are critical to the prosecutor’s case. If they are suppressed it could materially impact the State’s case.

Accident Report Privilege

If a DUI investigation results after an automobile accident, Utah Law prohibits statements made to law enforcement officers during the initial crash investigation to be used in the subsequent criminal case. Frequently, critical statements are made during the crash investigation that can be suppressed in the criminal case.

Breath/Blood/Urine Tests

Having a breath or blood alcohol level above a.08 does not mean that you are automatically going to be convicted of your DUI charge. Was the breath test instrument properly maintained, tested, and/or calibrated? Did law enforcement comply with proper procedures under the Implied Consent Law? Did law enforcement have the right to request or compel you did take a blood test? Was the blood test taken by a qualified person under the law? A positive urine test does not necessarily mean that the prosecutor can prove the case. Positive urine tests do not necessarily prove that you were under the influence of the drug or medication at the time of driving. This is an area of the law which often yields motions to suppress.

Refusal of Breath/Blood/Urine Tests

During the DUI investigation did the law enforcement office fail follow the proper procedure or fail to provide the proper warnings required by the to

Reduction To Reckless Driving

Frequently, if the facts or evidence of your case are such that a motion to suppress can be filed or prevails in court, or that the State’s case is weak, this can lead to the prosecutor concluding that reducing your charge to reckless driving is necessary or appropriate. There may be a myriad of other factors which may convince the prosecutor that a reduction to a reckless driving charge is warranted. A reckless driving conviction is ultimately better than a DUI conviction for a number of reasons including the fact that your driver’s license will not be suspended, and you will not have a DUI conviction which may enhance a future or past DUI conviction.

Trial

In the state of Utah, you have the right to a jury trial to contest your DUI charge. If you are unable to resolve your case through the normal course of litigation and plea discussion, and you have carefully consulted with your attorney, a trial may be the best way to resolve your case.

You can never judge any criminal case and DUI cases in particular, just based on the arrest, video, and breath test alone. There are many other factors to consider. Going into court and pleading to a DUI without consulting with an attorney can be a big mistake. An experienced attorney can help you navigate through the complicated process and help you get the best disposition possible.

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When you need legal help with a DUI Charge in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
itemprop=”addressLocality”>West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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