Drunk driving is a public nuisance that the legislature has focused a lot of time and energy on. The DUI charges in Utah are some of the most complex and in depth statutes we have. All of this makes navigating the DUI waters pretty difficult if you don't have experience with the topic. At its core, Driving Under the Influence (DUI) is a pretty simple charge. A prosecutor must show that the defendant was in control of the vehicle (they were driving), and they had a BAC of .05 or above. Literally with those two facts the jury can find you guilty. There are other ways to prove a DUI both those are the two most common facts. So while there are a lot of other factors that will come into play in any DUI case those two things are the bedrock of the case.
Statutorily Defined Sentencing
Field Sobriety Tests are part of the process by which law enforcement determines if they're going to arrest an individual for a DUI or not.
With most criminal offenses the judge has a lot of discretion to decide how to sentence an individual. With most criminal charges the legislature sets a maximum sentence and then the rest is up to the judge. For DUI charges, however, the legislature has defined almost every aspect of sentencing. Additional, a the Drivers License Division also imposes penalties and sanctions on DUI convicted individuals in addition to the court's sentencing.
Drug Related DUIs
While most of the DUI focus is on drunk driving and alcohol, DUIs also apply to drug use. The generic DUI statute includes "drugs or alcohol" in the language itself. However, instead of being convicted based on a BAC, the prosecutor must show that the defendant was impaired to an unsafe level, and had drugs in their system. Along with drugs being included in the DUI statute, there is also a separate charged called DUI Metabolite. A metabolite is basically an indicator that an individual did a certain drug in the past. Because metabolites focus on metabolized compounds it means a metabolite could be in your system for days or weeks after use. The DUI metabolite law only requires that an individual be driving and have the metabolite in their system. There is no impairment requirement at all in the statute.
As you can see DUIs involve a lot of different parts and factors. Get help with your DUI case by giving me a call today and getting all your questions answer.
The Different Types of DUI Charges We Represent:
Second DUI
Felony DUI (Third and Up)
DUI Metabolite