What is a DUI and a DWI in Utah?

In Utah, DUI offenses represent drunk-driving violations in the state. Under the state’s legislature, a road-user may get charged with a DUI without actually operating a vehicle. The law’s idea is to maintain the safety of Utah’s roads from all potential dangers that may result from intoxicated drivers.

A drunk-driving violation charge based on the driver’s BAC (blood alcohol concentration) instead of that person’s impairment level is termed a “per se” DUI in the state. The alcohol level a motorist should maintain before getting behind a wheel depends on varying factors. These factors may include the alcohol percentage of the drink, amount of liquor, body size, and gender.

The state’s Division of Motor Vehicles (Utah DMV) records and disseminates all traffic violation documents. The Utah District & Justice courts have jurisdiction over DUI and DWI cases. The clerk of these courts in Utah maintains records of DUI or DWI cases handled in their specific courthouses.

What is the Difference Between a DUI and a DWI in Utah

Officially, the state of Utah only recognizes DUI as opposed to DWI (driving while intoxicated). However, people still reference DWI and DUI interchangeably in relation to drugged/drunk driving. Driving under the influence covers impaired driving, often referred to as the state’s DWI offense. However, this can be confusing in a Utah court and may affect the case.

What happens when you get a DUI for the First Time in Utah?

DUI cases typically begin when a motorist gets pulled over by a law enforcement official. If the said officer suspects the operator of being intoxicated, that individual may be subjected to tests to ascertain the BAC. In Utah, the legal BAC limit is.05, according to 41–6a–502. Therefore, any driver with a higher alcohol concentration is at risk of being arrested.

Pursuant to 41–6a–503, if the driver is a first-time DUI offender, then such a person may be charged with a misdemeanor (Class B). However, a first DUI potentially becomes a class A misdemeanor in any of the following situations:

• If the accident resulted in another person getting injured
• If the motorist had a passenger below the age of 16 years
• If the motorist is aged 21 or above and had an under 18 years old passenger

The state could serve “administrative penalties” to offenders. These are penalties imposed by the state’s DLD (Driver License Division)). Administrative penalties occur when a road-user gets arrested. Not when the driver has been convicted in a court of law. Administrative penalties in Utah are:

• Per se drug & alcohol DUI: The offender’s driver’s license may get suspended for 120 days.
• Chemical-test refusals: Utah road-users that refuse to take a chemical test after being arrested for a DUI may get their driving privileges revoked for about 18 months. This refusal can also be used as proof of guilt against the defendant in court.

During the arrest, police officers typically confiscate the driver’s license before issuing a citation. Citations may last for up to 29 days and serve as the driver’s temporary license. If the individual does not seek a court trial within the next 10 days after the arrest, such a person forfeits the right to challenge the penalties.

How Likely is Jail Time After a First DUI in Utah?

While possible, first time DUI offenders have a lower risk of getting jail time. Depending on different factors, an offender could get a fine of as much as $1,850. However, if the accident involved another individual getting injured; another passenger or minor in the vehicle, such an offenders penalty may include:

• 0–365 days of jail time
• Fine of $4,625

What are the Typical Penalties for a DUI Conviction in Utah?

A convicted Utah driver may get penalized with any of the following:

• A court-imposed fine: Being convicted with a Class B DUI comes with a possible $1420 (minimum) fine. Depending on certain factors, the judge could increase that figure to $1950.
• Incarceration: The mandatory sentence for Class B DUI is a two day jail time (minimum). This may be increased to 180 days at the Judge’s discretion. However, the court might serve the offender with community service (for 2 days) to replace the jail time.
• An Ignition Interlock Device: If the offender’s BAC is as high as.16 (or even higher), the court may order an “ignition interlock device” to be fixed into the car. The device must remain installed for 18 months (minimum). Motorists typically also have to pay for every fee resulting from the device. This includes the installation and rental fee of the device.
• Suspension of the driver’s License: A DUI conviction for offenders above 19 years of age comes with a compulsory 120-day license suspension. For younger motorists, 12 months is added to the period of suspension.
• Probation: Generally, a DUI conviction in Utah comes with a one-year probation. This implies that the concerned person’s case will remain open for 12 months after the date of conviction. During the probation period, the court’s clerk verifies that the offender has followed all the necessary probation conditions. These conditions may include attending drug/alcohol education schools, community service, and paying the fine. If the person has a BAC of.16 or higher, the court will order such an individual to be placed under supervisory probation. This means the offender must report to a specific probation officer every month.

Interested parties should be aware that the majority of these penalties are mandatory. This means that once a judge finds the offender guilty, the penalties are automatically imposed if the offender pleads guilty.

How Long Does a DUI Stay on Your Record in Utah?

In Utah, when a road-user gets convicted with a DUI, it may remain on that person’s record for as long as ten years. However certain factors could lead to a reduction in length.

Generally, parties can appeal in a court to have the DUI expunged or removed from their records. There are certain requirements for this.

Records that are considered public may be accessible from some third-party websites. Such websites operate independently of any state agencies. Third party sites are generally not limited by geographic location, and typically provide search filters that may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties may need to provide some or all of the following:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How do I Find DUI Checkpoints in Utah?

DUI checkpoints are legal in Utah. Hence interested parties could discover the locations of the inspections via an online search. Interested persons can use yahoo, google, or any other search engine to find when and where there is a checkpoint in a specific area. The search can be done by entering the name of the proper law enforcement body into the search fields. Certain websites also offer addresses of the checkpoints in the state.

Which is Worse; a DUI or DWI?

Utah laws do not specifically define a DWI crime. Below are the crimes in the state’s traffic laws:

• DUI - alcohol/drugs- (41–6a–502)
• Operating a vehicle with contents of a metabolite or a hard substance in the body (41–6a–517)
• Impaired driving (41–6a–502.5)

Often, individuals misinterpret impaired driving as a DWI in Utah; however, a DUI is a worse offense by these terms.

What is an Aggravated DWI in Utah?

The term “DWI” is frequently referred to as what the Utah legislature calls “impaired driving”. Impaired driving in Utah is a class B misdemeanor, and the potential punishment includes six months of jail time and a $1000 fine.

In that context, DUI offenses are sometimes reduced to an aggravated DWI traffic violation, which can be confusing because DWI in other jurisdictions may refer to a full DUI charge.

What Happens When You Get a DWI in Utah?

After being stopped by a law enforcement officer in Utah, a driver charged with “impaired driving” is normally arrested. The process is the same as the other DUI’s in the state. However, being a Class B misdemeanor, the offender can easily get bail.

Generally, a person that is convicted of impaired driving (DUI) in the state potentially faces any of the following:

• Community service
• Mandatory jail time
• A hefty fine
• Suspension of driver privileges