Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Utah DUI Penalties
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- Laws requiring suspected DUI drivers to submit to breath, blood, or urine testing for alcohol content are known as “implied consent laws”. Denying to it can result penalties that include compulsory suspension of a driving license for up to a year.
Blood Alcohol Concentration (BAC)
Any driver with blood alcohol concentration (BAC) 0.08 percent in Utah will be considered “per se intoxicated” under the law. According to this law only this evidence is enough for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood Alcohol Concentration
Zero tolerance laws in all states mainly focus on drivers of not legal drinking age. Any driver under the age of 21 years operating any motor vehicle with a 0.02 percent blood alcohol level or above will be subject to DUI penalties.
Enhanced Penalty Blood Alcohol Concentration
Some states are having severe punishments for those DUI convicted person who are having high blood alcohol content at the time of arrest; usually that is 0.15 to 0.20 percent above the legal limit. Enhanced penalty laws are not applicable in Utah.
Administrative License Suspension/Revocation Penalties
These are minimum mandatory penalties compulsory on drivers with blood alcohol content above 0.08 percent in Utah or they are subject to implied consent laws if they refuse to submit to breath, blood, or urine testing for blood alcohol content.
These penalties include compulsory suspension or revocation (permanently or temporarily) of the driver’s license by the Department of Motor Vehicles (DMV). For initial DUI offense in Utah mandatory suspension is for 90 days; for second offense, one year; for third offense it’s up to three years.
Vehicle Confiscation
A vehicle confiscation punishment for DUI offenders temporarily or permanently is a chance in some states, typically for repeat offenders. While in Utah its not valid penalty.
Ignition Interlock
Ignition interlock is a device which is attached with the vehicle of DUI offender, so that the driver may perform breath test before starting the vehicle. This penalty for DUI can be valid one in some states; this is not a choice in Utah.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and prevention program, alcohol abuse treatment, and assessment of a person for possible dependency on alcohol or drugs can be required in Utah. Such steps are often recommended instead of severe punishments like imprisonment and paying fines.
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