DUI/DWI Defense Lawyers in Layton, Utah

Drunk Driving | DUI/DWI Charges


Defending Your Innocence in a DUI/DWI Case

As criminal defense lawyers it is our job to defend you and your case. If you are have been charged with a DUI/DWI (driving under the influence) in Utah, or you are currently under investigation for a DUI/DWI offense, contact an experienced DUI/DWI defense lawyer in Layton, Utah today. It is crucial you do not wait. You are innocent until proven guilty. We will treat you and your case accordingly. The police reports do not always tell the whole story. You are innocent until they prove otherwise.

You might not have broken any laws or committed any crimes– even if you have been charged or accused of doing so. In some cases there is not sufficient evidence to convict you of a crime. It is our job to make them prove their case. Our Layton criminal defense lawyers understand what it takes to defend your innocence.


Defending DUI/DWI Cases in Utah

The state of Utah has strict laws against driving under the influence of alcohol or drugs and they are heavily enforced on Utah highways. On any given weekend, you can come across a DUI checkpoint, screening for Utah drunk drivers. Every DUI charge is different, due to the individual, the circumstances involved in the charge, and offending individuals driving history.

Some of the factors that may impact a DUI charge or conviction include the type of DUI offense; is it the first offense or a repeat offense? What is the reason for impairment– alcohol, drugs, or a controlled substance? Did you fail a breathalyzer test, a field sobriety test, or refuse to take the tests? All of these factors have to go into account in order to create a solid defense against the charges.

Often, field sobriety tests are not administered correctly by arresting officers and they are not 100% accurate. Also, whether you pass the test or not is up to the judgment of the officer. It is not uncommon for a sober person in Utah to fail a field sobriety test. There are many factors other than alcohol that go into failing a field sobriety test. Unfortunately, you could be arrested for a DUI for failing a field sobriety test even if you are under the legal driving limit. You need to speak with one of our Utah DUI lawyers.

Many people make the mistake of thinking they have no options but pleading guilty to a DUI charge. In reality, there are many other options. In many circumstances there are ways to reduce the penalties dramatically. The police reports do not always tell the entire story. Our Utah drunk driving attorneys are experts on DUI/DWI and drunk driving cases in Utah. As DUI lawyers and criminal defense attorneys, they have the knowledge and experience necessary to possibly reduce your sentencing, plead to a lesser offense, or even get the charges dismissed.

The consequences of a DUI conviction can include jail time, expensive fines, loss of a driver’s license, and an interlock device being installed on your vehicle. In addition, a DUI conviction can affect your future employment and other opportunities. Having an experienced criminal defense attorney on your side who understands DUI cases in Utah is vital. Our DUI attorneys will gather the facts and walk you through the process and build a case to give you the best possible result. Contact our Utah criminal defense attorneys today in Layton, Utah.

Types of Motor Vehicle and Traffic Related Crimes:

You can learn more about Utah motor vehicle and traffic crimes by visiting the utah.gov website.


DUI/DWI- Understanding the Utah Laws

You can learn more about Utah drunk driving and DUI laws by visiting the Utah.gov website.

Utah drunk driving and DUI laws are very strict and heavily enforced. Utah law enforcement officers are dedicated to getting drunk drivers off the streets and highways. It is important that you understand the laws. It is always best to not get behind a vehicle after you have been drinking or if you have taken medications or other substances. However, if you have been charged with violating Utah’s DUI law, contact one of out Utah DUI lawyers in Layton, Utah.

When drivers in Utah choose to drive drunk or while intoxicated, they are placing themselves and the others around them at risk. Many laws have been passed in Utah to prevent drunk driving and impaired driving. Before getting behind the wheel after consuming an alcoholic beverage or under the influence of other drugs, understand the law.

The legal age in Utah for purchasing, possessing, or consuming alcoholic beverages is 21 years. Utah has a zero tolerance policy for underage drinking and underage drunk driving. If you are under the age of 21 and you consume alcohol, driving or not, you can be arrested.

Even if you are not driving or operating the vehicle, if you have been drinking and you are over the legal limit and you have actual physical control of a vehicle, you can be arrested for a DUI in the state of Utah– this includes just sitting behind the wheel or sleep in a parked car.

How much do you have to drink for a DUI in Utah?

BAC (Blood Alcohol Contect) Limits:

  • Under 21 = .00% (Zero Tolerance)
  • 21 or older= .08%
  • Commercial= .04%

How many drinks does it take to reach a BAC of .08%?

The amount of alcohol an individual can consume before going over the legal driving limit will vary depending on body size and weight. In general a person who weighs about 200 pounds can consume about 5 beers before reaching a BAC of .08%.

For more information, check out this BAC chart provided by Nolo.com.

Utah’s implied consent law: Refusal to take a breath, blood or urine test

You can learn  more about Utah’s implied consent law by visiting the Utah.gov website.

Do you have to submit to the chemical tests if asked?

Utah has an “implied consent” law. Meaning, in the state of Utah if you are arrested for a DUI, you consent to a blood, breath, urine or saliva test to determine your BAC. This chemical test must be taken as soon as possible from the time an you last operated a vehicle and it is up to the officer to choose which test you will take, which could include more than one test.

If you refuse to take one of the chemical tests you will be subject to a fine and an automatic driver’s license suspension. You do not have the right to speak to an attorney before deciding to take the chemical tests.

Penalties for failing a chemical test in Utah

  • 1st Offense= 18 month license suspension
  • 2nd Offense= 3 year license suspension
  • 3rd Offense= 3 year license suspension

Additional fines may also apply.

Can you refuse a field sobriety test in Utah?

A field sobriety test is different than the chemical tests you are required by law to take in order to determine your BAC. You are not required to take a field sobriety test.There are no legal penalties for politely refusing a field sobriety test in Utah. The different tests arresting officers use in a field sobriety test include:

  • 9 Step Walk and Turn (Walk the line test)
  • One-Leg Stand
  • Horizontal Gaze Nystagmus Test
  • Portable Breath Test

Consequences for refusing a field sobriety test in Utah

These tests are not 100% accurate according to the National Highway Transportation Safety Administration. In addition, whether you pass the tests or not is up to the judgment of the officer. In many cases, arresting officers administer these field sobriety test incorrectly. It isn’t impossible for a sober person to fail these tests. Many factors contribute to individuals failing field sobriety tests, such as the time of day, type of clothing, an individuals skills and balance, different physical or mental impairments.

If an officer asks you to take a field sobriety test and you politely refuse, while there are no legal penalties for doing so, you should understand the police officer might arrest you for a DUI anyway. If a Utah officer asks you to perform a field sobriety test, chances are he has already made up in his mind to arrest you. The officers judgement is a factor in the failure of a field sobriety test. Also, the prosecutor will likely use your refusal to take a field sobriety test against you.

If you have been arrested for refusing a field sobriety test or if you were arrested after failing a field sobriety test, consult with one of our DUI lawyers in Layton, Utah.  We will look into the facts of your case and build a quality defense. In some cases we can get your charges dismissed or reduced to a lesser charge.


DUI/DWI- Consequences of a Guilty Verdict

Utah has very strict DUI laws and they are strongly enforced. The consequences for being arrested for a DUI can range from small fine to a drivers license suspension to jail time or a felony DUI offense.

Penalties for a DUI in the state of Utah

  • 1st Offense
    • Minimum of 48 hours in jail
    • Minimum $700 fine
    • 120 day license suspension
  • 2nd Offense
    • Minimum of 10 days in jail
    • Minimum $800 fine
    • 2 year license suspension
    • Ignition Interlock device on vehicle
  • 3rd Offense Minimum
    • Minimum 1500 hours in jail
    • Minimum $1500 fine
    • 2 year license suspension
    • Ignition Interlock device on vehicle

In addition, the court may require you to attend counseling courses and report to a probation officer.

Offenses are considered a repeat offense if they occur within 10 years of each other.

Felony DUI Offenses

A felony DUI in the state of Utah is likely to be classifies as a third degree felony. The factors that go into consideration of a felony DUI charge include:

  • Aggravated factors
  • Two prior convictions

Penalties for a felony DUI conviction in Utah

  • Third degree felony
  • Up to five years in prison
  • Fines up to $5,000

The court may also require an individual found guilty of a felony DUI to undergo screenings, receive treatment, supervised probation, an ignition interlock device for 3 years, and driver’s license suspension for up to 2 years.


DUI/DWI Lawyer in Layton, Utah

If you are facing a DUI or other driving under the influence conviction, the consequences could include serious jail and/or prison time and thousands of dollars in fines. Contact our Layton criminal defense lawyers and get the help and legal defense you need. As your criminal defense lawyers, we will provide you with an aggressive defense to help protect your freedom, overcome your charges, and keep you out of jail. Our criminal defense team is based in Layton, Utah and represents clients throughout the state of Utah.

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The information on provided on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. The use of this website does not create an attorney-client relationship. The viewing and receipt of the information on this site, or the use of the online submission form, does not constitute and attorney-client relationship. You should consult a qualified attorney in your state for advice regarding your situation.