DWI Attorneys in Utah

If you have been charged with a DWI in Utah (also known as DUI), there are two things that you need to consider:

Take your drunk driving charge very seriously.

A conviction for a DWI in Utah will have long lasting consequences. A criminal record can affect your employment, your future, and your personal freedom.

Hire an experienced Utah DWI lawyer or DWI attorney who is experienced in Utah DWI law.

Understanding the Utah DWI laws and courtroom proceedings can be a challenge. On DWI.com, you will find experienced and qualified attorneys whose practice focuses on the defense of those accused of driving drunk. To work with an attorney on your DWI case, call 1-800-852-8005 or simply click on a county above to find the right Utah DWI attorney who practices in drunk driving defense and Utah DWI law.

Each Utah DWI lawyer at DWI.com offers an initial review of your drunk driving charge.

Your inquiry is both free and confidential.

In any criminal case, time is a critical factor to winning your case. You should speak with an attorney as soon as possible and allow your legal representative ample time to research the facts of your case and begin building your defense. Contact a Utah DWI attorney now by finding a local attorney in the county you were arrested or by simply calling 1-800-852-8005. You can also submit a consultation form found on the side of this page.

What Happens To First Time Offenders in Utah?

Utah DWI First Offender

You are DWI in Utah if your blood alcohol content (BAC) is over .08%. A DWI is a Class B misdemeanor, punishable by a fine, a jail sentence or community service, 90-day license suspension, an alcohol class, or alcohol problem assessment.

First time offenders may be sentenced to at least 48 consecutive hours in jail, or compensatory work service (community service) of no less than 48 hours. Another alternative may be required participation in a home-monitoring service. A first DWI offense in Utah can be fined up to $1,000, and no less than $700. However, a University of Utah study showed judges were ordering jail time in about half of the cases, imposed fines in only about 60 percent of the cases.

Administrative Penalties

Driver’s License Suspension: If a request for a hearing with the Utah Driver License Division is not made then your driver’s license will be suspended 30 days after your arrest for DWI for 18 months.

If a hearing is scheduled and the Utah Driver License Division finds that the driver refused to submit to a chemical (breath, blood, or urine) test to determine BAC, then the Utah Driver License Division will revoke the driver’s license for 18 months beginning on the date of the hearing.

A failure to appear to the driver’s license hearing will result in a revocation of your driver’s license for 18 months starting on the day of the scheduled hearing.

The Utah Courts, separate from the Utah Driver License Division, may suspend a person’s driver’s license for an additional 2 years which begin on the date that they are eligible to reinstate their driving privileges.

About Ignition Interlock Devices: Either the Utah Driver License Division and/or the Utah Courts may require the installation of an ignition interlock device on your vehicle, which requires the driver to submit to a breath test in order to start their vehicle. The Utah Driver License Division can require the use of the ignition interlock device for up to 18 months from the date of your conviction for DWI, and the Utah may order the use of the ignition interlock device for the period of your probation on any vehicle that you may own or drive.

Alcohol Restricted Driver

According to Utah law, an alcohol restricted driver is prohibited from operating any vehicle with a measurable or detectable blood alcohol content, which includes actual physical control of a vehicle. This means that you may be in violation if you sit in the driver’s seat after drinking and have the keys in your hands, even if you have not driven the car.

Enhanced Penalties for DWI can be imposed if you have previous or subsequent DWI convictions. Your 3rd DWI can be charged as a 3rd degree felony if it occurred within the past ten years.

DWI Class: “Prime for Life” class is required, at your expense.

Click Here for approved DWI Education Providers

If your BAC (blood alcohol content) was over .16%, then the judge may require you to have an Ignition Interlock Device installed on your car, at your expense. The device prevents you from using the car if you have any alcohol in your system.

Conditional License: You will have a “no alcohol” constraint placed on your driving privilege when you reinstate your license. You must not drive with any alcohol in your system. The constraint period will be two (2) years on the first “qualifying conviction”.

Under 21: In Utah it is illegal for those under 21 to have any measurable amount of alcohol in their blood. If you are convicted on a DWI charge you will be sentenced and fined as an adult, but will spend any jail time in a juvenile correctional facility. If you are arrested on a DWI charge, the court may rule that your parents are responsible for the fees.

Commercial Driver: It is illegal to operate a commercial vehicle with a BAC of 0.04 percent or higher. You will face license suspension and criminal penalties (see above). Law enforcement can prohibit any commercial driver from driving for 24 hours if he or she has a BAC of or over 0.01 percent.

DWI Automobile Impoundment: Upon your first DWI conviction, your car can be impounded for a period of one to 30 days at your expense.

DWI Automobile Release Procedures: To obtain a release of your automobile, you must:

• Present legal picture identification that proves you to be the legal, registered owner.
• Provide a copy of the TC-540 Vehicle Impound Report, which is provided by the arresting officer. To be released from impound, the vehicle must be properly registered. If the Vehicle Impound Report shows the vehicle is not properly registered, the vehicle must be registered and all taxes and fees paid before release.
• Pay a $230 DWI impound fee in addition to any other taxes or fees due.

Insurance: Your insurance costs will probably increase considerably, perhaps even for your entire family. Your insurance carrier may drop you, forcing you to find more expensive coverage. If you have to drive for your job, your employer’s insurance rates may go up as well.

More Severe Consequences: More severe criminal actions are taken for DWI with a passenger under the age of 16 years, and DWI with an injury or a fatal crash.