St. George DUI Lawyer

Understanding Utah's DUI Laws

Utah's new DUI law lowered the blood alcohol concentration (BAC) limit from 0.08 to 0.05 percent. The law, which went into effect on December 30, 2018, is the strictest criminal law in the nation and comes with several harsh penalties.

It's important for all drivers to understand the implications of this law. It not only affects when you can be charged but also influences insurance rates and potential employment opportunities if you're in a field requiring a clean driving record. Being well-informed can help you avoid risky situations that might lead to a DUI charge.

If you are pulled over for driving under the influence of drugs/alcohol in St George, there are some things you need to know. But first, be sure to call an experienced DUI attorney in Utah.

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What to Do If You Are Arrested for DUI in Southern Utah

You are not required to answer any questions, or perform any field sobriety tests, like eye tests or standing/walking tests. However, if you are arrested, you will be asked to submit to a “chemical test,” which is a breath, blood, urine, or saliva test, that you have “consented” to give in exchange for the privilege of driving on roads in the city of St George, whether you live here or not.

You should always consent to giving that chemical sample because refusal results in an 18-month driver's license suspension – whether you live in the area or not.

Being prepared for these situations can prevent unnecessary stress. Keep the name and contact information of a qualified DUI lawyer in St. George on hand, and know that you have the right to request an attorney at any time.

Probable Cause Search Warrant

Once you have been arrested, obtaining a probable cause search warrant from a St George judge will only take about 20 minutes. So, if you are arrested, give the sample. However, if you have been arrested for driving intoxicated or have had your license suspended, you are not without options.

As your St. George DUI lawyer, I can help you combat the charges against you and work to reinstate your driving privileges. Understanding each step of the legal process allows you to make informed decisions that can significantly impact your outcome.

Contact our St. George criminal defense attorney online or by phone at (435) 740-8460 for a confidential consultation. Your call will always be returned within 24 hours. 

Is It Smart To Get A DUI Lawyer?

Connecting with a DUI attorney in Utah as soon as possible after an arrest is crucial. Despite when your court date may be, it is typically essential to take immediate action to challenge the DMV's suspension of your license. An attorney can begin the administrative processes required to potentially prevent or lessen the duration of a suspension.

A prompt legal response can also help preserve evidence and witness testimonies that might be critical to your defense. Acting quickly not only protects your rights but improves your legal options as your case unfolds.

Is a DUI a Felony in Utah?

A DUI can be charged as both a felony and a misdemeanor in the state of Utah. It is crucial to have a Utah DUI lawyer on your side no matter the severity of your DUI charge.

Understanding the nuances of misdemeanor versus felony charges is vital. Felony charges often carry more severe penalties, such as extended prison time and larger fines, which can have long-term repercussions on your personal and professional life.

In Fact, Most DUI Charges Are Misdemeanors and Only Escalate to Felony Charges When:

• A driver has been charged with their third DUI offense within 10 years
• A driver has a previously been charged with a felony DUI 
• An individual other than the driver was seriously injured as a result of the alleged DUI
• The driver has been previously charged with vehicular homicide

According to the Utah Code § 41-6a-503, the penalties for a felony DUI charge are much more severe than a misdemeanor charge. Additionally, there are three degrees of severity for felony charges. If you are facing felony DUI charges it is important to contact an experienced St. George felony DUI attorney from Edward D. Flint right away to begin working on your case. 

Being proactive in addressing these charges with the help of a skilled DUI attorney can mean the difference between a misdemeanor and felony charge due to the complexity and severity of the case.

Penalties for DUI in St George

Under Utah’s new law involving driving intoxicated, certain drivers could find themselves over the legal limit after just one drink. Your blood alcohol content, or BAC, depends on a number of factors aside from the amount of alcohol you have consumed, including your size, weight, metabolism, and food intake.

Furthermore, law enforcement officials are permitted by law to arrest you for intoxication if you are not in “actual physical control” of a vehicle. This means that you can get a DUI even if you are not actually driving. Something as seemingly minor as sitting in the driver’s seat of a parked vehicle with the keys in the ignition could result in a DUI.

First DUI Charge in St George

Mandatory 2 days in jail or 48 hours of community service with a maximum of 180 days in jail and minimum fines of $1,310 as well as a driver’s license suspension of 120 days. 

All alcohol DUI convictions now require one year of Ignition Interlock Device on every car you drive. If BAC is at least 0.16 percent, mandatory ignition interlock device installed on your vehicle for 3 years.

Second DUI Charge in St George

Mandatory 10 days in jail or 5 days in jail with 30 days of electronic monitoring (maximum of 180 days in jail); minimum fines of $1,560; driver’s license suspension of 2 years; and, if you have received at least 1 prior DUI conviction in the past 10 years, mandatory ignition interlock device installed on your vehicle for 2 years

Third DUI Charge in St George

Mandatory 62.5 days in jail (if a prison sentence is not ordered) with a maximum of 5 years in prison; minimum fines of $2,850; driver’s license suspension of 2 years; and, if you have received at least 1 prior DUI conviction in the past 10 years, mandatory ignition interlock device installed on your vehicle for 2 years

It is important to note that a third arrest or a current arrest charges with qualifying prior convictions of Impaired Driving or Alcohol Reckless Driving, or similar charges in other states, within a timeframe of 10 years will be prosecuted as a felony. If convicted, you will be sentenced to at least 62.5 days in jail. Additionally, Utah has what is known as the “not-a-drop” DUI law for minors.

Minor DUI Charges in Utah

If you are under the legal drinking age of 21, you may not operate a vehicle with any detectable trace of alcohol in your system. St George also enhances charges and penalties if you are charged with a DUI and have a person under age 16 in the car with you, or are involved in a collision.

Alcohol Restricted Driver (ARD)

It is important to note that under Utah law, if you refuse to submit to a BAC test or if you have been convicted, you will be on what is known as an alcohol restricted driving privilege. 

You will not be allowed to drive with any level of alcohol in your system. If you violate the no alcohol restriction you will face a one-year revocation of your driving privilege.

ARD Penalty Breakdown:

• First-time offense for DUI – 2 years
• First Arrest for a Chemical Test Refusal – 5 years
• Second offense or second arrest for a chemical test refusal (within 10 years of the first offense) – 10 years
• Felony DUI or Vehicular Homicide – life

DUI With Death or Serious Bodily Injury 

Under Utah Code §41-6a-502, it is illegal to operate or control a vehicle in the state if the driver has a blood or breath alcohol concentration of .08 grams or higher, is under the influence of alcohol or drugs, or is rendered incapable of safely driving due to the influence of drugs or alcohol. As defined by Utah Code §76-1-601, serious bodily injury involves permanent disfigurement, protracted loss or impairment of bodily function, or a substantial risk of death.

Penalties for DUI with Death or Serious Bodily Injury in Utah

DUI with serious bodily injury is considered a third-degree felony under Utah Code §41-6-44, with possible prison terms of up to five years and fines reaching $5,000. If death is involved, the offender may be charged with a second-degree felony under Utah Code §76-5-207, which has a presumptive sentence of up to 15 years in prison and fines of up to $10,000. In addition, the court may impose screening and assessment, 240+ hours of treatment, supervised probation, an ignition interlock system for three years, and a driving license suspension of up to 2 years for both scenarios.

Utah law considers DUI offenses involving serious bodily injury or death serious criminal offenses with substantial penalties upon conviction. It is important to abide by the state's laws on alcohol and drug driving to avoid the legal, social, and emotional consequences of a conviction on these charges.

DUIs in Southern Utah's State & National Parks

State and national parks throughout Southern Utah are an ideal place for boating and off-road vehicles such as Razors, ATVs, and dirt bikes. However, law enforcement officials will issue DUIs to individuals driving these types of off-road vehicle.

State and National Parks That Enforce Utah Drunk and Drugged Driving Laws:

• Lake Powell (Lake Powell National Recreation Area) (Federal Court)
• Zion National Park (Federal Court)
• Bryce Canyon National Park (Federal Court)
• Capital Reef National Park (Federal Court)
• Arches National Park (Federal Court)
• Canyonlands National Park (Federal Court)
• Sand Hollow State Park and Reservoir (State: St. George District or Hurricane Justice Court)
• Quail Hollow State Park and Reservoir (State, St. George District or Hurricane Justice)
• Snow Canyon State Park (State, St. George District or Washington County Justice)

Remember, if you break criminal laws in national parks, you will face federal charges since they are considered federally owned land. Federal crimes are punishable by a maximum federal prison sentence of six months, probation for up to five years, and/or fines of up to $5,000.

St. George DUI Attorney with 33 Years of Criminal Defense Experience

Regardless of your situation, it is crucial that you hire a criminal defense lawyer as soon as possible after your arrest. It may be possible to have your driver’s license reinstated, but your attorney must act quickly. Additionally, the sooner your Utah DUI attorney can begin building a case on your behalf, the better.

I cover DUI and misdemeanor cases in justice courts throughout Southern Utah. If your case is in Santa Clara, Washington City, Hurricane, Cedar City, Beaver, Kanab or in Kane, Beaver, Iron or Washington County, Utah, I can provide you with the highest quality legal assistance.

For more than three decades, I have defended individuals accused of all types of serious crimes, throughout the state of Utah. I have personally handled more than 100 jury trials and have earned the respect of my fellow attorneys and local judges.

I understand that good people can end up in tough situations; my goal is to provide you with the empathetic, personalized legal guidance you need and the aggressive advocacy you deserve. Providing representation for DUI cases in Lake Powell, Gunlock Reservoir, Sand Hollow Reservoir, Quail Creek Reservoir, and Zion National Park.

Learn more about how our St. George DUI attorney can help you by contacting us online or calling (435) 740-8460 today!

Frequently Asked Questions

What Should I Do Immediately After a DUI Arrest?

If you are arrested for a DUI in St. George, it is crucial to remain calm and remember your rights. Firstly, you have the right to remain silent beyond providing identification. Avoid making statements that might be used against you. Request to speak with a DUI attorney as soon as it is feasible. This ensures your rights are preserved, and you receive the necessary guidance moving forward. Understanding that immediate legal action can impact the progression and outcome of your case is vital. Consulting with an attorney allows for the proper handling of implications such as DMV hearings, license suspensions, and court appearances. It is also beneficial to document as much as possible from the incident for your attorney to review, aiding in building a more coherent defense strategy.

Can I Refuse a Breathalyzer Test in Utah?

Utah operates under implied consent laws, meaning that by driving, you agree to submit to chemical tests if lawfully arrested for a DUI. Refusing a breathalyzer test can lead to automatic penalties, including license suspension for up to 18 months for a first offense. However, refusal can potentially limit evidence against you in court, which is why it's crucial to seek legal advice immediately. Despite the implications, every situation involves unique factors that need to be considered when refusing a test. An experienced DUI lawyer can aid in understanding the ramifications and defending your rights during this challenging period. It's often an advantage to have legal counsel from the outset to navigate these complex legal waters effectively.

How Can a DUI Stop Affect My Car Insurance Rates?

Following a DUI charge, your car insurance rates are likely to increase significantly. Insurers often deem DUI offenders as high-risk, resulting in premium surcharges or even policy cancellations. This adjustment varies based on your provider, driving history, and the specifics of your DUI incident. It's also possible that you may be required to file a SR-22, a certificate proving you have insurance, to reinstate a suspended license. This filing itself often incurs additional costs. Locally, St. George insurance companies follow these protocols, and understanding them can help you plan financially and reduce future risks. With the help of a qualified DUI attorney, you can potentially negotiate terms or seek alternative insurance solutions that mitigate these penalties.

What Are the Long-Term Consequences of a DUI Conviction?

A DUI conviction in Utah can have long-lasting consequences affecting various aspects of life like employment opportunities, professional licensing, and international travel. Many employers conduct background checks, and a conviction may limit job prospects or lead to termination. Professional licenses might also be challenged or revoked, affecting careers in law, teaching, or healthcare, among others. Furthermore, countries like Canada may deny entry to individuals with DUI convictions. It’s essential to understand these potential outcomes to take proactive measures either legally or through lifestyle changes, thereby reducing the broader impact of a DUI conviction. Taking steps early, such as seeking legal advice and engaging with professional development resources, can help mitigate these long-term repercussions.