Recent statistics in Utah show that while 70 percent of DUI arrests were for a first DUI offense, only 19 percent were for a second DUI offense. The remaining 7 percent were for a third DUI offense. Approximately 4 percent were for a fourth or subsequent DUI offense.
Utah law provides for harsh penalties for a second DUI within ten (10) years. For instance, the license suspension is intended to reduce the chances that a person will reoffend. Utah law requires a longer revocation period for second or subsequent DUI violation.
If you are ultimately convicted of DUI in court, you can also face court-ordered penalties. For a second DUI offenses within ten (10) years, the crime is normally charged as a class B misdemeanor. The offense becomes a class A misdemeanor if one of the following enhancements is proven:
*Update: Utah Governor Gary Herbert signed HB 155 into law changing the legal blood alcohol level from 0.08 to 0.05. The Bill will take effect December 30, 2018.
If you were arrested for a second DUI in Salt Lake City, Utah, then contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP. We represent clients after a DUI arrest involving a breath test, blood test or a refusal to submit to testing.
Whether this is your first, second, third DUI arrest within 10 years, we can help.
Call (801) 532-5297 today for a free consultation to discuss your case and defenses that might apply.
The penalties for a second DUI conviction within ten (10) years include:
a. a jail sentence of not less than ten (10) consecutive days; or
b. a requirement that the defendant work in a compensatory work service program for not less than 240 hours; or
c. a requirement that the defendant participates in home confinement through the use of electronic monitoring.
Other penalties include:
a. a fine of $800 minimum plus surcharge (See Section 41-6A-505);
b. supervised probation under Section 41-6A-507;
c. screening and assessment (if found appropriate by screening);
d. education series (unless treatment is ordered); and
e. the possibility of treatment (See Section 41-6A-505).
The Court may order the ignition interlock device (IID) and shall order IID if the driver is under 21 or for ARD violations or describe on record why requiring the IID is not appropriate. See Section 41-6A-518 and 41-6A-530.
For a high BAC of .16 or higher the Court shall order supervised probation and treatment, and the ignition interlock device, and home confinement, or describe on the record why such an order is not appropriate. See Section 41-6A-505. The Court may order an additional 90 days, 180 days, one (1) year or two (2) year license suspension.
DUI Report to the Utah State Legislature- For more information on previous statistics about DUIs in the state of Utah, visit the Utah Commission of Criminal and Juvenile Justice. Read the Thirteenth Annual Driving Under the Influence Report to the Utah Legislature which was prepared in accordance with §41-6a-511 of the Utah Code. The statute requires the Utah Commission on Criminal and Juvenile Justice to prepare an annual report of DUI related data.
The DUI lawyers in Salt Lake City at Brown, Bradshaw & Moffat, LLP are experienced in fighting drunk driving charges involving either a chemical test of the breath or blood or a refusal to submit to testing. If this is your second charge within ten (10) years, then call us to discuss how to avoid the enhanced penalties.
Don’t just assume you will be convicted. Call us to find out what defense might be available in your case. With offices conveniently located in Salt Lake City, we are ready to meet with you to discuss your case. Find out what you need to do right now to protect your rights. Our lawyers represent clients in Salt Lake County and the surrounding areas including Davis County, Utah County, Morgan County, Tooele County, Summit County and Wasatch County.
We are experienced in fighting drunk driving cases that occurred throughout the communities in Salt Lake County including Holladay, Midvale, Riverton, Taylorsville, Kearns, Magna, Herriman, Copperton Township and Millcreek.
Our criminal defense attorneys fight DUI cases throughout Salt Lake County and the surrounding areas including for a first DUI, a second DUI, or various forms of felony DUI. Let us help you at each stage of the case as we fight for the best possible result.
Call (801) 532-5297 today.
