Second DUI Arrest
Studies conducted by the National Highway Traffic Safety Administration reveal a connection between repeat DUI offenders and higher incidents of serious or fatal vehicle accidents than for people with no prior offenses. It also revealed that one third of people arrested for DUI are repeat offenders. Because of the potential consequences of drunk driving on other drivers, pedestrians, and property, this criminal offense is not taken lightly under Utah statute.
Given the widespread use on background checks, a second DUI conviction can affect current and future employment opportunities. Certain professional licenses can also be revoked temporarily after a DUI conviction. Students may face additional disciplinary hearings from their college or university. With what you stand to potentially lose to a 2nd DUI conviction, it’s important to you consider all of your legal options.
Salt Lake City Second DUI Defense Attorney
As a Salt Lake City DUI attorney, Darren M. Levitt fights hard to defend the futures of men and women facing their 2nd DUI charge. He understands the importance of taking a proactive approach in DUI cases, where careful examination of potential errors in investigation procedure, constitutional right violations, and lack of probable cause to pull the driver over can help build a stronger defense. When it comes to a second DUI charge, you need to ensure that you are using every tool at your disposal to reach a favorable outcome.
Call (801) 828-2732 or send an online message to discuss your case with Darren M. Levitt during a free, no-obligation consultation. Levitt Legal represents clients in throughout Salt Lake County, Summit County, Davis County, and the surrounding communities in misdemeanor and felony DUI situations. Contact Levitt Legal today to learn more about your legal defense options and begin building a strong defense strategy to protect your future.
Utah DUI Requirements
Under Utah Code § 41-6a-502, it is unlawful for a person to operate a vehicle “under the influence of alcohol drugs, or a combination of both with a specified or unsafe blood alcohol concentration” in the state. This refers to operation of a vehicle or actual physical control of a vehicle. The person may not drive a vehicle if:
- There is enough alcohol in the person’s body that chemical tests would reveal a blood or breath alcohol concentration of .08 grams or greater during the test;
- The person is under the influence of alcohol and / or drugs, which renders him or her incapable of safe vehicle operation;
- The person has a blood or breath alcohol concentration of .08 grams or greater during vehicle operation or actual physical control of the vehicle;
Blood alcohol concentration is based on a measurement of alcohol per 100 milliliters of blood. Breath alcohol concentration is based on one of alcohol per 210 liters of breath.
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.
Penalties For A Second DUI In Utah
Individuals convicted of a second DUI are guilty of a class B or class A misdemeanor offense, depending on the circumstances of the situation. Higher penalties may be given if:
- The driver inflicted bodily injury on another person as a result of the drunk driving;
- The driver had a passenger of 16 years or younger in the vehicle during the drunk driving incident; or
- The driver was 21 years or older with a passenger under 18 years old in the vehicle during the offense.
However, the penalties for a second DUI may be increased if the driver inflicted serious bodily injury on another person or caused the death of another person as a result of the negligent driving. The person is guilty of a separate offense for each victim who suffered bodily injury, serious bodily injury, or death because of the drunk driving.
Sentencing For A Second DUI In Utah
Utah Code § 41-6a-505 lays out the sentencing requirements for people who are convicted of driving while under the influence of alcohol and / or drugs. Individuals convicted of a second DUI within 10 years of a prior conviction will receive one or more of the following sentences:
- 240 consecutive hours or more in jail; or
- Probation; or
- 240 hours or more of community service; or
- Home confinement and electronic monitoring;
- Fine of $800 or more.
The court may also order the person to participate in a screening. If the screening indicates that an assessment may be appropriate, that will be ordered as well. This is separate from the educational series that the court may order if it does not order substance abuse treatment.
If there is admissible evidence that the person had a blood alcohol level of .16 or higher, the court may order substance abuse treatment, or a vehicle ignition interlock device, or home confinement with an electronic monitoring device.
Driver’s License Suspension For A 2nd DUI
Additionally, the Utah Driver License Division will also revoke the person’s driver’s license for a period of 2 years for a second DUI. If the person is under 21 years old at the time of arrest, the driver’s license will be revoked for 2 years or until the person turns 21, whichever is longer. The period of revocation may be shortened if the person completes a court ordered screening, assessment, and substance abuse treatment.
Individuals charged with a DUI are entitled to a hearing on their driver’s license. However, this must be requested in writing within 10 days of the initial arrest. Learn more about Utah’s driver license suspension hearing for a second DUI.
Levitt Legal, PLLC | Salt Lake City 2nd DUI Lawyer
The consequences for a second DUI can be serious, including jail time, probation, license revocation, heavy fines and other penalties. However, it is the unintended consequences that can have the most lasting affect for people charged with a second DUI. Call (801) 828-2732 today for a free consultation about your unique case. Begin taking the first steps towards reclaiming your life after a second DUI charge in Utah.
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