DUI Criminal Defense Attorney - Layton, Utah

What happens if I was arrested for DUI in Layton?

Pursuant to Utah law, once you have been cited for violating the DUI statute, the state initiates two separate, yet simultaneous legal actions against you. There is a criminal action in response to the ticket that was issued to you, and an administrative action is brought against your license by the Driver License Division in Utah. Both actions can result in the suspension of your driving privileges, but it is crucial to remember that there may be more penalties to consider. Also, each action must be handled separately.Contact a Utah DUI defense attorney today for a consultation.

Being arrested for DUI in Layton, Utah can have serious consequences, including jail time, loss of driving privileges, and monetary fines. It is important that anyone facing an Utah DUI understand what challenges they will encounter. It is crucial you seek the legal advice of an assertive and skilled DUI defense lawyer immediately. Call today for a fast and free consultation.

Utah DWI or DUI Administrative Hearing

According to Utah law, an individual has ten (10) days to request an Administrative Hearing from the Driver License Division in Utah. Once the arresting officer retains your state issued license, you are issued a temporary license which allows you to drive for 30 days from the date the order was issued. If you fail to request a hearing within ten (10) days, your right to the hearing is lost, and your Utah driver's license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is crucial that you submit your request to the Utah DLD within ten (10) days. Contact a capable and experienced DUI defense attorney in Layton, Utah to help, but do not delay.

DUI Penalties for First Time Offenders

• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) of 0.04. A first time DUI (driving under the influence) or DWI (driving while intoxicated) conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.
• Monetary Fines - In Layton, Utah, fines for a first time DUI are a minimum of $700.00.
• Utah Driving Privileges and DUI - In Layton, Utah, a first time DWI or DUI conviction results in the revocation of driving privileges for 90 days.
• Alcohol Evaluation - Successful completion of a DUI drug and alcohol screening and assessment program is required for reinstatement of driving privileges.
• Probation - Probation may be ordered, at the court's discretion, for a first time DUI.
• Chemical Test Refusal - Refusing to submit to a test when requested by Layton, Utah law enforcement will result in the revocation of driver's license in Utah for 18 months.
• Time in Jail - In Layton, Utah, a first time DWI or DUI offender faces jail time of 48 consecutive hours. However, the court may instead require the offender to complete at least 48 hours of community service, or be confined to the home through the use of electronic monitoring.

Utah Code - Title 41 Motor Vehicles

Chapter 6a Traffic Code

Section 502 Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration.

41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration.

• (1) A person may not operate or be in actual physical control of a vehicle within this state if the person:
• (a) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
• (b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
• (c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.
• (2) Alcohol concentration in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath.
• (3) A violation of this section includes a violation under a local ordinance similar to this section adopted in compliance with Section 41-6a-510.

Renumbered and Amended by Chapter 2, 2005 General Session and Amended by Chapter 91, 2005 General Session

DUI Subsequent Offenses

Penalties are increasingly more severe for any additional DUI violations. Due to the complexity of DUI laws in Utah, you may not be aware of rights and options, including any defenses you might use. This is why an accomplished and knowledgeable defense attorney can guide you through this emotionally challenging process. Please contact an Utah DUI (driving under the influence) or DWI (driving while intoxicated) defense lawyer for a consultation.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.