Encountering a problem for the first time tends to be a confusing and difficult experience no matter the situation. If you find yourself in a criminal situation for the first time, this anxiety will surely be amplified. For most, a first time DUI conviction is not only a stressful experience, it is also an area that they may not have thought or considered before being in this unfortunate position. Not knowing your legal rights can lead to even more problems regarding a DUI offense than if you were well-versed in the process.

In Utah, considering there were over 15,000 DUI arrests last year (44% came from Salt Lake County alone), a DUI violation is strictly enforced and carries many penalties and consequences.

Pursuant to Utah Code 41-6a-502, a person may not operate or be in physical control of a vehicle if:

•The person has a blood or breath alcohol concentration of 0.08 grams or more at the time of the test; Prayed
•The person is under the influence of alcohol, any drug, or the combined influence of both that renders the person unable to drive a vehicle safely.

As far as penalties, there are extensive and strict sentences regarding DUI convictions in Utah. Utah statute 41-6a-503 defines a first-time DUI offense as a class B misdemeanor, which comes with a presumptive conviction of:

•up to six months in jail and/or up to $1000 in fines.

There are circumstances that may allow penalties to increase, including:

•If the person also caused bodily injury to another person.
•If the person had a passenger under the age of 16 in the vehicle.

These will tend to be classified as a class A misdemeanor, which comes with a presumptive sentence of one year and/or fines of up to $2,500. If they cause serious injury or death to another person as a result of careless driving, these charges will be increased to a class 3 felony, which carries a five-year prison sentence and/or up to $5,000 in fines. .

Under Utah Code 41-6a-505, the court may order one or more of the following for a first-time DUI conviction:

•A jail sentence of 48 consecutive hours or more;
•48 hours or more of community service;
• Home confinement with electronic monitoring;
• Participation in alcohol or drug courses;
•A fine of $700 or more;
• Probation (if there is evidence that the person had a BAC of 0.16 or higher);
• Ignition lockout device; Prayed
•Possibility of license suspension for up to 120 days.

With these consequences, it is vitally important to understand your rights while retaining a qualified criminal defense attorney. For starters, you don’t have to take a field sobriety test. A field sobriety test is difficult under normal circumstances, so refusing this aspect of the process may prevent you from incriminating yourself. Although you can refuse a field sobriety test, refusing to submit to a chemical test (blood, breath, urine) in Utah will carry extreme penalties. Utah courts allow evidence of a DUI suspect who refuses to submit to a chemical test to be admitted at trial. This evidence is likely to do great harm to you as a defendant, considering that law enforcement has the right to seek a warrant to force a blood test anyway.

Additionally, even for a first-time DUI offender, simply being charged can lead to license suspension. This action can be taken prior to conviction, under a procedure called an administrative license suspension. A first offense tends to come with a 90-day suspension, with up to 18 months if a chemical test is denied.

With these potential issues in mind, staying up to date and informed about your rights, along with the consequences of your actions, will give you a better chance of successfully fighting your DUI charge. Be sure to discuss your situation with a capable criminal defense attorney who understands the laws he allegedly violated.