Drunk Driving (DUI)
Salt Lake City DUI Defense Attorney
Drunk driving, also referred to as DUI (driving under the influence), is a serious charge that carries heavy penalties and has far-reaching consequences beyond fines, surcharges, license suspension, court costs, and possible jail sentences.
If you are charged with a DWI, you will face two separate cases, one is criminal and the other is a civil administrative hearing. In order to keep your driver's license, you will have to prevail in both cases, and will need an experienced DUI attorney to assist you.
DUI law in Utah is the most stringent in the U. S. and, if you are arrested for a DUI offense:
- A Utah court can convict you of a DUI, even if you were not over the legal limit.
- After your arrest, you will have 10 days to apply in writing to the Utah Driver License Division to request an administrative hearing, referred to as a DLD hearing. If you do not request a hearing or fail to appear for a hearing, your loss of driving privileges is mandatory.
- When your license is suspended, you cannot get restricted driving privileges to drive to your job or to school.
- A DUI/DWI criminal conviction, any drug related or non-appearance in court or an adverse DLD will result in loss of driving privilege anywhere from 90 days to as much as several years.
- If you are an out of state driver arrested for DUI, Utah will administratively issue a Utah license, suspend the license and notify the Drivers' License Bureau in your home state. In most cases, home state will automatically suspend your driving privileges.
- Because criminal law governs the criminal portion of your DWI arrest, generally you must appear in court for arraignment, trial or negotiated disposition. Sentencing, such as jail sentence, fines and alcohol education class are determined.
Whether you are a Utah resident or non-resident arrested in the state for a drunk driving violation, it is critical to retain an experienced attorney to protect your rights.
You should never assume there is no challenge to a DUI offense. Often, individuals who may have a strong case to challenge a DUI charge, plead guilty or nolo contendere without seeking legal help or fully understanding the penalties and other consequences for a DUI conviction.
If you are convicted of a DUI, not only are your driving privileges at stake, but you will also have a criminal record, which may cost you your job or getting a job of your choice. Your car insurance may be cancelled or you will have a huge increase in premiums. Further penalties the court may set include alcohol assessment and/or treatment, ignition interlock device, home confinement or supervised probation. You will have stiff fines, possibly a jail sentence and if you have had one or more previous convictions, the penalties escalate.
At the Law Offices of Steven B. Smith, we are dedicated to fighting for the rights of residents of Salt Lake City and surrounding counties as well as tourists accused of violating Utah DUI statutes. We assist clients with both the criminal and administrative aspects of a DUI charge. With 18 years of litigation experience in the Utah court system, we are adept at assessing all possible defenses. As your attorney, you can rest assured, we will take every step necessary to negotiate a reduced charge, a conditional discharge, a dismissal of the most serious charge, or obtain a full dismissal for you.
If you are charged with a DWI involving alcohol or drugs, you have too much at risk not to seek legal help. Call our law firm at (801) 534-4443 immediately to arrange an appointment to learn how we can protect your interests.
