DUI – Impaired Driving in Utah
DUI in Utah – Impaired Driving – Free Consultation
Impaired Driving in Utah is usually an offense that some prosecutors use as a “plea deal” when someone is charged with Drunk Driving (DUI). At Arnold & Wadsworth we are DUI Defense Lawyers with offices in Salt Lake City and Ogden, Utah. When you have been charged with a DUI you need to remember that you are innocent until proven guilty. When you show up to your first appearance make sure to ask for time to talk to an attorney. This will show the prosecutor that you are taking your charges seriously.
If you have just been arrested for a drunk driving or impaired operating charge in the State of Utah, beware of the DUI laws in this state – the penalties can be severe for even a first offense and reduced charges are possible if you have a decent case and a knowledgeable defense lawyer. Nothing can replace a competent lawyer representing you. Don’t go to court or the DMV without a DUI lawyer representing you – get the public defender if you cannot afford a DUI attorney. Remain silent and only discuss your case with a licensed lawyer at Arnold & Wadsworth. We offer a free consultation so you have nothing to lose.
Remember, if you have been charged with Drunk Driving (DUI) you need to request a hearing with the DMV to have a chance to save your license. If you are able to come into our office during this time period we will send off the notices for you and set up your hearing. We will also represent you at your hearing.
We provide legal services for people that have been charged with a DUI in Salt Lake City, Ogden, Layton, North Salt Lake City, South Salt Lake City, Kaysville, Sandy, West Jordan, South Jordan, Farmington, Roy, Riverdale, Holliday, and other Utah counties and cities. Give us a call today for a free consultation (801) 475-0123.
Utah Code – DUI Defense Lawyer – Impaired Driving
41-6a-502.5. Impaired driving — Penalty — Reporting of convictions — Sentencing requirements.
(1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of impaired driving under this section if:
(a) the defendant completes court ordered probation requirements; or
(b) (i) the prosecutor agrees as part of a negotiated plea; and
(ii) the court finds the plea to be in the interest of justice.
(2) A conviction entered under this section is a class B misdemeanor.
(3) (a) (i) If the entry of an impaired driving plea is based on successful completion of probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
(ii) If the defendant fails to appear before the court and establish successful completion of the court ordered probation requirements under Subsection (1)(a), the court shall enter an amended conviction of Section 41-6a-502.
(iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of conviction.
(b) The court may enter a conviction of impaired driving immediately under Subsection (1)(b).
(4) For purposes of Section 76-3-402, the entry of a plea to a class B misdemeanor violation of Section 41-6a-502 as impaired driving under this section is a reduction of one degree.
(5) (a) The court shall notify the Driver License Division of each conviction entered under this section.
(b) Beginning on July 1, 2012, a court shall, monthly, send to the Division of Occupational and Professional Licensing, created in Section 58-1-103, a report containing the name, case number, and, if known, the date of birth of each person convicted during the preceding month of a violation of this section for whom there is evidence that the person was driving while impaired, in whole or in part, by a prescribed controlled substance.
(6) (a) The provisions in Subsections 41-6a-505(1), (2), and (3) that require a sentencing court to order a convicted person to participate in a screening, an assessment, or an educational series, or obtain substance abuse treatment or do a combination of those things, apply to a conviction entered under this section.
(b) The court shall render the same order regarding screening, assessment, an educational series, or substance abuse treatment in connection with a first, second, or subsequent conviction under this section as the court would render in connection with applying respectively, the first, second, or subsequent conviction requirements of Subsection 41-6a-505(1), (2), or (3).
(7) (a) Except as provided in Subsection (7)(b), a report authorized by Section 53-3-104 may not contain any evidence of a conviction for impaired driving in this state if the reporting court notifies the Driver License Division that the defendant is participating in or has successfully completed the program of a driving under the influence court.
(b) The provisions of Subsection (7)(a) do not apply to a report concerning:
(i) a CDL license holder; or
(ii) a violation that occurred in a commercial motor vehicle.