When you are picked up for DUI, DWI or similar charges, you in fact be facing two different cases: 1) A criminal case against you brought by the state of Utah, and 2) a driver's license revocation or suspension case brought by the Utah Driver's License Division.
It is import to keep these to cases separate from one another and understand the potential ramifications from each. To keep your driver's license and to be able to still use it you have to win both cases. The Driver's License Division gives you the opportunity to have an administrative hearing. If you do not properly request or appear at that hearing, you will automatically lose your license for anywhere from 120 days to 3 years.
Understand that driving any vehicle in Utah with .08% blood alcohol level or more is illegal, and by so doing you open yourself up to criminal charges. DUI does not just mean alcohol, but also means illegal drugs and legally prescribed drugs you may be taking. What it comes down to is are you "too impaired" to operate the vehicle safely. Your intoxication level can be determined through a number of test and the officer has complete discretion to pick the test he will administer. Refusing a test will impact your charges and will impact your driver's license. NOTE, even if your blood alcohol level is less than .08% you can still be charged if you cannot safely operate the vehicle. Again this is subjective, determined by the officer.
The most important thing to remember is that careful, planned action will minimize the penalties you face. Research shows that those who are charged with DUI receive less severe consequences if they use an attorney rather than represent themselves. Call Richards & Godfrey, PC today and let us develop a plan to help you with your DUI case, 801-621-7443 or email, office@richardsgodfrey.com
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