DUI Enhancement Factors

The starting point for a DUI charge is without any other enhancing factors a person will be charged with a class B misdemeanor. Meaning if a person was operating or had control of a vehicle while intoxicated and this is their first or second offense, then they will be guilty of a class B misdemeanor. The sentencing restrictions on a class B misdemeanor are up to six months in jail and up to $1,000 fine. Along with the possible jail time and the fine a person will have to deal with a mandatory 120 day suspension of their drivers license for a first time offense.

Factors that Can Increase the DUI Penalties

As shown above the baseline penalties for a DUI are pretty severe and from their they simply get more intense depending on the circumstances of the case. If the person was driving with a passenger under 16 or inflicted bodily injury upon another as a result of their drunk driving then they will be facing a class A misdemeanor which carries a possibility of up to one year in jail and up to a $2,500 fine. Where things get really serious however is if the person is being charged with their third DUI within a ten year period or caused serious bodily injury as a result of their drunk driving. In either of those scenarios the person will be charged with a third degree felony, and could be facing up to five years in prison and up to a $5,000 fine.

Utah County DUI Attorney

At Provo DUI Defense, our lawyers are experienced criminal defenders that know how to get their clients the best outcome available. If you are looking for a DUI attorney in Provo, Orem, Lehi, Pleasant Grove or other parts of Utah County then call Provo DUI defense today. We will make sure that your rights are defended and that you understand the process before you and your possible outcomes. Call or email us today to set up a free consultation.

 

New Years Eve Drunk Driving

It’s no secret to anyone, people party on New Years Eve, and when people party they often get drunk. Law enforcement officials are also aware of this and DUI stops and enforcement are normally ratcheted up during holiday events such as New Years Eve. So it is important that any individual that is planning on going to a New Years Eve party and plans on drinking needs to have a plan for getting home without driving drunk. It is also important to remember why the state has DUI laws in the first place and that is to protect people from accidents caused by drunk driving, including those who are drunk themselves. So instead of putting others and yourself at risk make sure you have a designated driver.

DUI Penalties

As added incentive to not drive drunk, the state has attached severe penalties to drunk driving. If it is your first offense you may be able to get away with loosing your license, being required to install an interlock devise on your vehicle when you get your license back, and paying some fines. However, if there are other factors involved in the offense, like someone was injured, there was a minor in the car, or this is a subsequent offense then you could be facing a much more serious charge that could end in imprisonment.

Utah DUI Attorney | Utah County

If you are already facing DUI charges and you live in Utah County then call the lawyers at Provo DUI Defense. We can help you protect yourself and make sure you get the best outcome available. Even if you think you are guilty and should serve your time it is a good idea to consult an attorney to make sure you understand the charges and the consequences. Call or email us today to set up a free consultation.

Drunk Driving Over the Holidays | Provo DUI Attorney

Driving Under the Influence Defense Lawyer

The holiday season is a great time to celebrate with friends and family. However, a little too much egg nog and getting behind the wheel can land you in a world of trouble. Many people find themselves facing a DUI charge in Utah over the holidays. Christmas parties and other special occasions during this time of year are fun but can lead to excessive drinking and unfortunately for some, driving under the influence. You should be aware that local police in Utah County and throughout the state are cracking down on DUIs over the holiday season. Every New Year’s Eve there are hundreds of stops made for suspected DUIs. Take care not to drink and drive during the holidays this year. If you find yourself being charged with a DUI or other alcohol or drug related matter, call us immediately.

Often local police agencies and the Utah County Sheriff’s Department will set up road blocks to check for suspected DUIs and drug possession during the Christmas and New Year seasons. As usual, we will try our best to keep you informed about when and where these road blocks may take place. It seems it is becoming more and more common during any holiday for road blocks to be implemented. Don’t take any chances, if you are going to be out on the road in the next few weeks, make sure you are being responsible in your alcohol consumption.

Utah County DUI Law Firm

If you have been charged with a DUI in Provo, contact our law firm now to get started on your defense. We understand that good people sometimes find themselves in trouble with the law and those people deserve an experienced advocate on their side to ensure their rights are protected. We represent clients all throughout Utah County, from Payson and Spanish Fork, to American Fork and Lehi. We have lawyers available by phone anytime and can answer your questions right away. Call us at 801.900.3717.

Dealing with a DUI Charge | Provo DUI Lawyer

As a law firm that works with a large number of DUI clients, we see a wide range of clients and a wide range of responses to criminal charges. The reactions to being charged with a DUI range from complete apathy to the proverbial cry of the sky is falling. As we instruct clients and work towards providing desired outcomes and mitigated risk, we constantly find ourselves counseling others to be somewhere in the middle on their reaction to DUI charges. On the one had a DUI is a serious charge, depending on the circumstances of the case a person could likely be facing a class B misdemeanor, which at most could result in six months in jail and a $1,000 fine. On the other hand, however, a DUI charges is definitely something you can fight and with the help of the lawyers at Provo DUI defense, you can lower the penalties or have the case dismissed all together.

Good Legal Defense

When facing criminal charges, good legal defense isn’t just helpful for mitigating the charges, but a good lawyer can also be very helpful in understanding the process and relieving some of the stress associated with the legal system.

Provo DUI Defense | Protecting Your Rights

If you are facing a DUI charge then it is important that you call a lawyer today. The attorneys at Provo DUI Defense can help you fight the charges and protect your rights. We offer free consultations so you can come in and get the answers you need with no charge to you. Our experienced attorneys can explain the process to you and help you get a feel for what the likely outcomes are in your case. Call or email us today to set up an appointment. 801.900.3371

DUI Range of Penalties | Utah County DUI Defense

Although a DUI charge is one of the more common criminal charges, it is still quite complicated and convoluted. The elements required to prove a DUI are fairly simple, but the part that can be confusing is determining the penalties that will come from a conviction. The starting point is showing that a person was operating a vehicle or was in actual physical control of a vehicle under the influence of drugs or alcohol. If there are no other enhancing factors like prior charges, bodily injury, or a number of other things then a conviction will be a class B misdemeanor and the sentencing recommendation is 48 hours imprisonment, and a $1,332 fine.

Utah DUI Laws | Drunk Driving

Utah’s DUI laws are aimed at providing for public safety, as are most in the country. As such the penalties are very severe because the aim of the legislation is to prevent people from committing the offense. With that in mind DUI charges are very complex and there are varying degrees of offenses, which allows attorneys more room to get charges reduced and penalties minimized. So with severe penalties at stake and lots of moving room for an attorney there is a lot of incentives to make sure you get competent legal help to defend yourself.

Provo DUI Defense Attorney | Utah County Lawyer

Regardless of the circumstances of your case, if you have been charged with a DUI then the lawyers at Provo DUI defense can help. Our attorneys cover all of Utah County and are experienced trial attorneys that know how to defend DUI cases. Call or email us today to set up a free consultation, we can explain your charges to you and help you decide how you want to defend those charges. 801.900.3371


DUI and Car Accidents | Provo DUI Defense Lawyer

Everyone knows a DUI can result in a serious charge and in some cases, a felony charge. However, add on the fact that you were involved in a car accident and you could be facing a lot of jail time. In the worst of cases, a person who is drunk driving causes an accident and other drivers are seriously injured or worse. As you may be aware, DUIs that involve serious injury or death to others can result in high felony charges. In these cases is it absolutely critical you have an experienced DUI defense attorney on your side to ensure you are not railroaded through the criminal justice system in Utah. Felony DUI cases are not as common as the simple class B misdemeanor offenses. However, several do occur each year in Utah and we have represented numerous clients in these matters.

Winter Driving and DUIs

In Utah, we often see many DUI accidents occur during the winter. As you can imagine, bad weather and drunk driving don’t mix and combining the two can result in serious injuries to others and serious charged being brought against the accused. In many cases, drunk drivers get into accidents that only involved themselves. People end up with DUI charges after they wrap their vehicle around a tree or slide off an icy road into a ditch. As winter ramps ups, we all need to be careful and not get behind the wheel after consuming alcohol. For those of you who find yourself facing tough DUI charges, we can help.

Utah County DUI Defense | 801.900.3371

For Utah County DUI defense, call us today at 801.900.3371. We represent clients in all types of DUI cases and understand how the system works in this county. A Utah County jury is unique and you need a defense team who understands how best to approach your case. Call day or night, we have Provo DUI defense lawyers on call at all hours.

Losing Your License After a DUI Arrest

Long Term Consequences of a DUI Arrest

Driving under the influence of alcohol or drugs (DUI) is a dangerous gamble undertaken by individuals.  It is a bad idea to Drive under the influence not only because of the danger posed to others on the road and to one’s self, but also because of the long term consequences a DUI arrest has on people’s lives.  A DUI arrest can affect employment, driving privileges, and family relationships for years to come.  This is why it is important to not commit a DUI violation but to drink responsibly.  If one does drink and drive, however, there is still help available from a Provo DUI defense lawyer.  A Provo DUI defense lawyer can help defend a DUI arrest and help the defendant achieve a favorable outcome in the case.

Even if a DUI arrest doesn’t turn into a DUI conviction, people can still lose their licenses at a driver’s license hearing.  Provo DUI defense lawyers help those at a driver’s license hearing to keep their licenses.  Diver’s license hearings without a Provo DUI defense lawyer are more likely to result in lost driving privileges.  People often lose their driver’s license after a DUI arrest affecting their life negatively for many months and even years to come.

A DLD Hearing is Not a Criminal Proceeding

Driving on Utah roads is a great privilege and losing it can be devastating to individuals and families.  Unlike a criminal proceeding, however, a driver’s license hearing is civil in nature, not criminal.  This means that at the hearing the Driver’s License Division (DLD) need only to prove by a preponderance of the evidence that a person committed a DUI.  Preponderance of the evidence is a lower standard of evidence than proof beyond a reasonable doubt which is the standard of proof criminal proceedings use.  This means a person could not be convicted of a DUI in a criminal proceeding but still lose his or her license because the DLD found a DUI to have occurred.  Because there is a lot riding on a DLD hearing, it is important for an individual to have a Provo DUI defense lawyer fighting to keep the person’s license.

We’ll Help Fight For Your License

If you have been arrested for DUI and have a DLD and criminal hearing coming up, don’t face them without a Provo DUI defense lawyer.  One of our attorneys will fight hard for you to keep your license and for the DUI charge to be dismissed or reduced.  For a free DUI consultation with a lawyer today, call 801.413.1753.

Utah Automobile Homicide Laws

Where DUI and Homicide Meet

Automobile homicide is an offense that can sound a little scary to some people. On its face, it could be interpreted as creating a death with your car, and this is something that could happen to anyone on the roadway. So initially people might be concerned that anyone could be charged with automobile homicide simply because they were involved in a wreck where some was killed. However, this is not the case according to Utah law. An additional requirement for automobile homicide is that the driver that caused the accident was driving under the influence.

DUI’s Most Serious Offense

In most DUI cases the accused is facing a crime that was set up to prevent injury. Most DUI offenders never created any harm to anyone, but instead put themselves in a situation where harm was more likely. Very few criminal offenses are set up like DUI, in the sense that most offenses require that the harm be created before a conviction can be obtained. Therefore, it stands to reason that when harm does occur as a result of a DUI and that harm is the death of another, the crime should be especially serious. Depending on the circumstances, an automobile homicide charge will be a third or second degree felony.

Utah County Legal Defense

Whether you have been charged with your first DUI or with automobile homicide you need the help of an attorney and Provo DUI Defense can help. Our lawyers are dedicated to protecting your rights and they will help you understand the legal system and feel comfortable with what lies ahead. DUI offenses can have serious consequences and with out proper legal help you could be exposing yourself to unnecessary liability. Call or email us today to set up a free consultation and see how we can help you out.

Prescription Drugs and DUI | Provo Defense Attorney

Did you know that driving while on prescription drugs can result in a DUI? If you said no, you are not alone. Many people do not realize that driving while under the influence of prescription drugs can mean drunk driving charges referred to as a DUI metabolite. Every week many people call our office with questions about drugs and driving and many people believe it is ok as long as they have a prescription. This is not always the case. In fact, having any measurable amount of a controlled substance in your blood while operating a vehicle can get you landed in jail and faced with tough penalties. Prescription drugs can severely impair your ability to properly handle a car and you should avoid driving all together, especially if you are on pain killer type medicine. Pain killers are those medications that are typically in the opiate or related classes and akin to the serious side effects of some illegal drugs as well as alcohol. If you are taking prescription medication, you should consult your doctor as to the side effects and take caution before operating any type of vehicle or machinery.

Provo DUI Defense Attorney

You should speak with a a Provo DUI defense attorney in our firm as soon as possible if you have been charged with a DUI metabolite or another drug charge. We offer free consultations so you can meet with a lawyer in our office for at not cost. We are available all the time. After house your call will be forwarded to one of our on call attorneys who can assist you right away. You do not have to go through this without a lawyer. We offer payment plans for many cases so you do not have to worry about coming up with the entire attorney’s fee upfront. Call us today at 801.900.3371.

Utah DUI Related Accidents

Utah DUI Laws

It is commonly understands that the reasoning behind DUI laws is public safety. Because of the impairment alcohol creates in a person, we as a society believe that those impaired should not be driving. The effects of alcohol can slow a driver’s reflexes and debilitate judgment causing them to be more susceptible to accidents. Due to the extreme concern caused by drunk driving laws of been implemented that regulate in a way most laws do not. For example a law such as assault is established to protect people but a person cannot be charged with assault until they actually cause injury. In the case of a DUI a person can be convicted of a crime when they have caused no injury.

DUI’s That Cause Injury

With a crime that can be charged without injury, it stands to reason that such a crime would be enhanced when harm is involved. That is the case with DUI’s, if a person was injured as a result of an accident stemming from impaired driving then a person can be convicted of a class A misdemeanor instead of a class B. Which is a difference of 6 months more in jail and $1,500 more in fines. An example of this happened over the weekend when a Highland man was arrested for DUI after he hit and critically injured a 6-year-old girl in Duchesne.

Utah County DUI Defense

Facing criminal charges can be a very nerve raking experience. For a lot of people charged with a DUI it is the first time they have ever been charged with a crime. Obviously, this type of experience will result in a lot of nervousness and a lot of questions. The best thing an accused person can do is get the help of an attorney. At Provo DUI Defense our attorneys can help answer your questions and help you understand the legal process you are facing. Call or email us today to set up a free consultation.