DUI Defense Lawyers In Ogden, Utah
KAUFMAN | NICHOLS | KAUFMAN
ATTORNEYS AT LAW
DUIs
Operating a motor vehicle while under the influence of alcohol or drugs comes with severe consequences and potential jail time. For cases in Utah, your blood alcohol content level must not exceed 0.05% while driving. Penalties will also vary by state, but DUI or DWI cases are taken seriously by law enforcement and judges. Especially cases that result in the death of other people will come with extra penalties and longer jail time.
Our attorneys have handled a variety of cases, including DUI cases of every severity. While a DUI is a serious offense, our attorneys can help support you and guide you through the legal process of a criminal case. If you are the victim or family of the victim of a drunk driver, our team can also help represent your side of the story. No matter the situation, KNK Law has compassionate and skilled attorneys who serve the Ogden, UT, area.
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The Stages Of A DUI Case
Driving under the influence will result in different financial and legal consequences, depending on how the entire process unfolds. Here is more information about each stage of the DUI process and what you and your lawyer may need to discuss as the case unfolds.
- The Initial Traffic Stop: The DUI case will start with a traffic stop from an officer who suspects you are under the influence. Erratic driving, speeding, or failure to follow traffic laws are all reasons an officer may stop you and check for signs of impairment.
- Arrest and Booking: If your BAC is over the legal limit, you will then be arrested for a DUI. After the arrest, you will be taken to the local jail for booking, which includes collecting your personal information, taking your mugshot, and obtaining fingerprints. You may also be required to complete a breathalyzer test or blood test to ensure that the officer has sufficient evidence to arrest you. This information will also be used as evidence in the case.
- Initial Court Appearance (Arraignment): This is the first court appearance in a DUI case, where you may have the opportunity to enter a plea. Possible pleas include guilty, not guilty, and no contest. Having legal representation by this stage is crucial.
- License Suspension Hearing: In many states, a DUI will signal automatic administrative license suspension, which is separate from your criminal case. A license suspension hearing is typically held by the Department of Motor Vehicles, where your lawyer will present evidence for why your license shouldn’t be suspended. This hearing will determine if you retain your license while your criminal trial is ongoing.
- Pretrial Stage: The pretrial stage is where your attorney will review the evidence that is being brought against you, including body cam footage, police reports, or traffic cameras. The attorney may then file motions to suppress evidence or challenge the validity of certain elements. This stage may also include negotiations with the prosecution to help work out a plea bargain, resulting in reduced charges or the case being resolved without going to trial.
- Trial: When a case goes to trial, it will be heard before a criminal court consisting of a judge and a jury. Every trial is different, but will typically start with opening statements, presentation of evidence, witness testimonies, and then closing arguments before a verdict is delivered. This time is when your side of the story will be heard and taken into consideration, before proceeding to sentencing.
- Sentencing: If the court convicts you of a DUI charge, you will proceed with sentencing, which can vary based on your BAC level and if aggravating factors were involved. The sentencing conditions will be read out loud at your trial.
- Post-Sentencing: After sentencing, your attorney may want to try to appeal or challenge the conviction. This is typically done because of unfairness or legal errors that occurred during the trial. Other post-sentencing options may include working to have the conviction expunged from your record (only done in rare cases) or appealing for rehabilitation programs over jail time.
- License Reinstatement: If you want to get your license back, you must complete the following steps to have it reinstated, including completing a DUI education program, paying reinstatement fees, and providing proof of insurance. The process varies by state, so make sure to follow your specific state’s DMV requirements.
- Long-Term Consequences: DUI cases can come with consequences and stigma that will follow you for the rest of your life. Some consequences include increased insurance premiums, difficulty finding employment after jail time, impact on professional licenses, or missing out on milestones of family and children while incarcerated.
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Common Penalties For DUI Charges
Depending on the severity of your charge, you may experience a variety of penalties. Common penalties that may be imposed on top of jail time include fines, probation, mandatory education programs, license suspension, and installation of an ignition interlock device. Your attorney may present mitigating factors to help reduce your sentencing.
Repeat DUI Offenses
In Utah, the first DUI offense will be charged as a Class B misdemeanor, which could result in jail time, fines, or community service. A second DUI conviction within 10 years will usually be charged as a Class A misdemeanor, which results in 5 days in jail along with increased fines and supervised probation. Each subsequent offense will increase the severity of your case and the consequences, eventually resulting in a felony charge with longer jail time and higher fines (up to $10,000).
How BAC Levels Affect DUI Cases
Utah has a blood alcohol content limit of 0.05%, while other states have a limit of 0.08%. Your BAC level can factor into the severity of your DUI case, especially if you are a minor or a truck driver. If your BAC is well above the legal limit, your charges and consequences may be more severe as your cognitive ability was more impaired. Driving while under the influence of any alcohol or drug is illegal, hire content in the body will result in more risk than if you had anything below 0.05%.
KAUFMAN | NICHOLS | KAUFMAN
ATTORNEYS AT LAW
The Lawyers At KNK Law
Kaufman, Nichols, and Kaufman have been serving the Utah community for many years. Our team specializes in child custody, divorce, estate planning, and criminal cases. Each member of our team is committed to providing well-researched defense strategies and compassionate service throughout the legal process. If you need legal advice or comprehensive representation, KNK is the top choice for Northern Utah cases.
What happens if I refuse to take a breathalyzer or blood test during the initial stop?
While the text mentions that you may be required to take these tests to provide evidence for an arrest, it doesn’t detail the consequences of a refusal. In Utah, under “implied consent” laws, refusing a chemical test usually results in an immediate and automatic driver’s license suspension by the DMV, often for a longer period than if you had failed the test. This administrative penalty occurs regardless of whether you are eventually convicted of a DUI in criminal court.
Can I be charged with a DUI if my BAC is below 0.05%?
Absolutely. As long as you are mentally competent, you can change your will at any time. You can do this by:
A Codicil: A legal supplement used for minor changes (like adding one new beneficiary).
A New Will: For major changes, it is often cleaner to write a new will that explicitly states it “revokes all prior wills and codicils.”
Physical Act: Physically destroying the old document (tearing or burning it) with the intent to revoke it also works, though doing so without a replacement can leave you “intestate” (dying without a will).Yes. Although 0.05% is the “per se” legal limit in Utah, law enforcement can still arrest and charge you with a DUI if they can prove your ability to operate a vehicle was safely impaired by alcohol or drugs, regardless of the specific number. The 0.05% threshold is simply the point at which you are automatically considered under the influence by law, but impairment can be prosecuted at lower levels.
