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How can I fight a DUI charge?

As of earlier this year, Utah now has the toughest DUI laws in the country. The lowering of the acceptable blood alcohol concentration level made national headlines. By making a law change like this, this means one of two things. Either more people will face DUI charges, or it will serve as a deterrent for drinking and driving.

Have you recently been charged with driving under the influence of alcohol? Fighting your case is not going to prove easy. However, with help, it is possible to achieve the best outcome possible.

What are Utah's current BAC limits?

There are severalĀ BAC limits set by the state. There is one for underage drinkers which is set at .02 percent. There is one for enhanced penalties which is set at .16 percent. Then there is the standard Per Se BAC limit. Up until this year, this was set at .08 percent, but due to a law change, it is now down to .05 percent.

What are the penalties associated with a DUI charge?

It really depends on one's particular situation. If faced with a first, second or third DUI offense, if convicted you will likely have your license suspended anywhere from 120 days to two years, and you may also be required to spend some time in jail. Prison time may be ordered if a criminal court convicts you on a felony level DUI offense. Other penalties may include:

  • Mandatory treatment and education program attendance
  • Vehicle confiscation
  • Ignition interlock device installation
  • Fines

Any of these consequences could make your life harder in some ways and also negatively affect the lives of your family members.

Fighting DUI charges

When accused of a DUI, you may feel that the situation is hopeless and that you are resigned to accept the punishment handed to you in court. This is simply not true.

Determining the best way to fight a DUI charge is not always simple. There are often a lot of factors involved in these cases, such as how and when BAC samples were collected, and how the arresting officer administered field sobriety tests -- among so many others. An experienced attorney will know what questions to ask, and be able to review evidence and police reports which may bring information to light that will help your case.

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Stevenson Smith Hood P.C. | 3986 Washington Blvd. Ogden, UT 84403 | Phone: 801-399-9910 | Fax:801-399-9954 | Map & Directions