Salt Lake City DUI Defense Attorney
If you’ve been charged with an alcohol-related offense, it doesn’t matter whether it’s a first-time driving under the influence (DUI) charge or a more serious impaired driving case. You need a skilled Salt Lake City DUI crime lawyer.
Getting all the facts and evidence together is key. Our legal team at Blackley & Wingad is your trusted DUI defense firm in Salt Lake City, UT, and Denver, CO. We understand how serious these charges are and will work hard to protect your rights and fight for the optimal outcome.
Our experienced DUI lawyers in Salt Lake City and Denver can explain your options in plain language and help guide you every step of the way.
We listen. We defend. We care.
Why Hire a DUI Crime Lawyer?
Utah has the strictest DUI laws on the books, with a blood alcohol concentration (BAC) limit of just 0.05%. Since the lower BAC limit was implemented, 22.1% of adult drinkers indicated that they had changed their behaviors in response. However, in 2024, law enforcement officers still arrested 11,440 people for DUI-related offenses. That amounts to between 31.2 and 33.5 arrests per 10,000 residents on average since 2018. In 2024, 33.8% of all arrests took place in Salt Lake County.
If you’re one of the many Utah drivers facing charges for DUI in Salt Lake City, you need to hire a DUI crime lawyer immediately. As you can see, the state takes these charges seriously. The most effective way to reduce your chances of facing significant penalties is to work with a Salt Lake City DUI crime attorney who can provide you with legal advice, guidance, and representation throughout the pretrial and trial processes.
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What Defines a DUI in Utah?
A person is considered to be driving under the influence of alcohol in Utah if they have a BAC of 0.05% or higher or appear to be impaired to the arresting officer. To be convicted of a DUI, you must be in actual physical control of the vehicle, but you don’t necessarily have to be driving. You could still be arrested for sitting in the driver’s seat of a car with the keys in your hands or on your lap.
It’s relevant to note here that Utah’s DUI laws require arresting officers to analyze the totality of the circumstances surrounding your presence in the vehicle. If you’re sleeping, for example, or not in the driver’s seat, you aren’t in actual physical control of the car. If the engine is off and you are lawfully parked when the police contact you, you shouldn’t be arrested for a DUI.
You should keep in mind that you don’t need to blow over a 0.05% BAC on a breathalyzer to be convicted of a DUI. If you do blow over the legal limit, that’s considered a DUI. No further evidence will be required to show that you were driving under the influence of alcohol.
You can still be charged if an arresting officer believes that you were impaired, even without a higher BAC. The burden of proof at that point will be on the prosecution to show that you were driving while drunk or under the influence of drugs.
Implied Consent
You might think that refusing a breathalyzer or another chemical test is a good idea if you’ve been drinking, but that’s a mistake. In Utah, you are giving implied consent to chemical testing each time you get behind the wheel of a car. While you are allowed to refuse field tests, you can’t legally refuse chemical testing.
Refusing to perform a breathalyzer or undergo another form of chemical testing will leave you facing legal consequences. You’ll face an immediate driver’s license suspension and separate, often more severe, penalties in addition to those levied for a driving under the influence conviction. Even if you are not convicted of a DUI, you could still face serious consequences.
Understanding Field Sobriety Testing
If you’ve been stopped for a suspected DUI, the officer may want to conduct what are known as field sobriety tests. These tests are designed to uncover signs of impairment. They can include:
- Checking for horizontal gaze nystagmus
- Having you stand on one leg
- Asking you to walk and turn
- Observing as you place your finger to your nose
- Asking you to count or recite the alphabet backwards
You are not required by law to submit to these tests. People often assume that they should submit to field sobriety testing as a means of proving that they are not intoxicated, but that’s often a mistake. The good news is that it’s difficult to administer field tests correctly. Your lawyer may be able to question the admissibility of any tests administered and have them thrown out as evidence in your case.
Potential DUI-Related Charges
There are several charges you could face for driving under the influence of drugs or alcohol in Utah. They range in severity from impaired driving to negligently operating a vehicle resulting in death. DUI-related charges can include:
Driving Under the Influence
DUI means driving a vehicle while your BAC is over the legal limit. You don’t have to feel alone. Our skilled DUI defense attorneys in Salt Lake City can help you understand your rights and build a strong case.
Negligently Operating a Vehicle Resulting in Death
Negligently operating a vehicle resulting in death is operating a vehicle in a negligent or criminally negligent manner, causing the death of another individual. Driving while under the influence of any alcohol or drug, or both, is considered negligent operation of a vehicle.
Driving With a Measurable Amount of a Controlled Substance
Driving with a measurable amount of a controlled substance involves having certain illegal or controlled drug substances in a person’s system while operating or being in actual physical control of a vehicle.
Impaired Driving
Impaired driving is when someone has consumed alcohol or drugs and operates a motor vehicle to the point that they are unable to drive safely. It’s a serious crime. If you’ve been charged, you need a drunk driving lawyer in Salt Lake City who can stand up for you in court. It can lead to serious consequences, like jail time or losing your license. Our Salt Lake City criminal defense attorney can help you build a strong defense.
How Are DUIs Charged in Utah?
In Utah, basic DUIs without aggravating factors are charged as Class B misdemeanors. Potential penalties can include:
- A minimum of 48 hours in jail, or community service, and electronic home confinement
- Fines starting at around $700 but often exceeding $1,300
- A 120-day driver’s license suspension
- Mandatory drug or alcohol screening and assessment, typically leading to education or treatment
- Possible installation of an ignition interlock device (IID), especially if your BAC was over 0.16%
DUI penalties can be enhanced or lead to other charges if you:
- Had a BAC of 0.16% or higher
- Had a minor in the car with you, especially one under the age of 16
- Had two or more illegal substances in your system
- Caused an accident involving injuries or fatalities
If any of these situations apply, you could face more significant misdemeanor or even felony charges. If you’re caught driving under the influence a second time within 10 years, it will increase your charges to a Class A misdemeanor. You’ll face higher fines, increased jail time, and a longer license suspension in addition to mandatory ignition interlock device installation and an intensive drug or alcohol treatment program.
If you are pulled over for a third DUI in 10 years, you’ll face felony charges. You could go to prison for up to five years, face substantially higher fines, and lose your license for longer. You’ll also have to install an ignition interlock device and attend treatment. You may also be placed on probation following your prison sentence.
Collateral Consequences of a Conviction
If you’re convicted of a felony DUI, the consequences for your arrest will go beyond jail time and a license suspension. You could face serious collateral consequences that last for years, including difficulty finding housing and employment due to the results of background checks and professional licensing restrictions.
You may face insurance consequences for your DUI at any level, as well. You could be required to fill out an SR-22 and take out a specific insurance policy, increasing your premiums substantially.
Administrative Versus Criminal Penalties
Driver’s license consequences are separate from your criminal court trial. While you’ll face criminal charges in court, administrative consequences are processed through the Driver License Division Because these penalties are separate from your criminal case, your license could be suspended before you even attend your first criminal court hearing.
If you are facing the suspension of your driver’s license, you have only 10 days from the time the citation is issued to request a hearing with the DLD. You are allowed to bring legal counsel to represent you in this hearing. You can also continue to drive for 45 days after your arrest, at which point your driving privileges will be suspended if you don’t request a hearing.
Understanding Ignition Interlock Devices
Ignition interlock devices are designed to make it impossible for drivers with a history of DUIs to start their vehicles if they have a BAC that registers above a certain level. If you’ve been convicted of an alcohol-related DUI and are required to have an IID installed, you’ll need to leave it in place for 18 months if you were over 21 at the time of your conviction or three years if you were under 21.
How a DUI Crime Lawyer Can Help With Your Driving Privileges
Your DUI crime lawyer doesn’t just help you with the criminal side of your conviction. We can also assist you with the administrative side. Your lawyer can:
- Request a hearing on your behalf.
- Prepare exhibits in your defense.
- Cross-examine the arresting officer.
- Negotiate a reinstatement pathway.
Depending on your life circumstances, you may also be eligible for a hardship limited license. Your lawyer can help you obtain a hardship license if applicable.
Special Circumstances Arrests
Utah has special laws that govern underage drinking. The Beehive State has a “not-a-drop” zero-tolerance policy for underage drinking. Any detectable amount of alcohol in the system of a driver who’s under 21 years old can trigger serious consequences. The same laws apply to alcohol-restricted drivers. Alcohol-restricted drivers include anyone who has been convicted of a prior alcohol-related driving offense.
There are also special rules in place for commercial drivers. The threshold for anyone driving on a commercial driver’s license is 0.04 rather than 0.05 BAC. If you are arrested for a DUI while on company time, you may face additional collateral consequences such as job loss or the loss of your commercial driver’s license.
Defending a DUI or Related Criminal Traffic Offense
Your DUI attorney can analyze the facts of your case and come up with the most effective strategy for defending against the charges being brought against you. Depending on the circumstances, they might suggest one of these defense strategies:
- Challenging the stop. If the arresting officer did not have a legitimate reason to pull you over, to begin with, any arrest stemming from the stop could be invalid. The prosecution must also show that the police had probable cause to arrest you for a DUI. However, the burden of proof is relatively easy to meet. The arresting officer simply has to show that you seemed to be impaired by drugs or alcohol.
- Illegal searches and seizures. The Fourth Amendment protects against unlawful search and seizures. It prevents the police from pulling people over without a reasonable suspicion that the driver has violated the law. It also applies to breathalyzer tests, which are legally considered searches. A failure to read you your Miranda rights at the time of your arrest is also a violation of the Constitution.
- Incorrect test administration. Field sobriety tests must be administered in a certain way to be considered valid. If the officer who arrested you did not administer the test correctly, your lawyer can challenge the results of that test. If successful, the prosecution will not be able to reference the test during your trial.
- Inaccurate testing. Breathalyzer tests are accurate if they’re administered properly and calibrated correctly. However, the equipment doesn’t always work properly, and officers don’t always know how to administer the tests correctly. Your lawyer may be able to argue that the machine was not properly calibrated.
- Rising BAC. Some attorneys have successfully argued that their clients’ BACs increased between the time that they were driving and when their breathalyzer tests were administered at the station. This is a difficult defense to assert but it is not without hope.
Your lawyer can analyze the facts of your case and the prosecution’s arguments to determine what the ideal defense strategy will be. It may be possible to attack and challenge the admissibility of evidence, utilize expert witnesses to show that you may not have been intoxicated while you were operating the vehicle, or employ other strategies for poking holes in the prosecution’s case.
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Understanding the Role of DUI Checkpoints
Like most states, Utah implements DUI checkpoints in its major cities and along highways. The law enforcement offices involved in administering these checkpoints include the Utah Highway Patrol, local police departments, and county sheriff’s departments. If you find yourself in a DUI checkpoint, you could face charges if the officers involved believe you to be impaired.
Common locations for DUI checkpoints in Salt Lake City include areas that are home to a lot of recreational activity, including both daytime tourism and nightlife. Expect to see these checkpoints:
- On major routes
- Around the canyons
- Around the reservoirs
- Near state parks and dunes
- In areas of heavy nightlife
The specific locations for checkpoints vary. They tend to be in high-traffic areas leading away from bars, restaurants, and recreational facilities. Expect more checkpoints on weekends, holidays, and nights.
Your Salt Lake City DUI Crime Lawyer
If you’re facing DUI charges of any sort, from impaired driving to automobile homicide, you need to work with an experienced Salt Lake City DUI crime lawyer. The team at Blackley & Wingad has been practicing criminal defense law for decades. In that time, we’ve handled countless DUI cases ranging in seriousness from Class B misdemeanors to felonies. We can help you with your case, too. Contact us to schedule an initial consultation today.
