An arrest for driving under the influence in Utah is a disorienting and high-stakes event that can leave you feeling uncertain about your future. From the moment the flashing lights appear in your rearview mirror to the time you are released from custody, the decisions you make will have a profound impact on the outcome of your case. Whether you were stopped in the heart of Salt Lake City or along a quiet road in Utah County, the legal machine begins moving against you immediately. To protect your rights, your driving privileges, and your reputation, it is vital to consult with a seasoned DUI attorney who understands the nuances of Utah’s strict 0.05% BAC limit and the aggressive tactics used by local prosecutors.
At Greg Smith & Associates, we have helped thousands of Utahns navigate the complexities of the criminal justice system. This guide outlines the essential steps you must take following an arrest to ensure you are in the best possible position to fight the charges.
1. Important Advice from a DUI Attorney: Exercise Your Right to Remain Silent
The most important advice any lawyer can give you is to stop talking to the police. While you must provide basic identifying information—such as your name, address, and driver’s license—you are under no legal obligation to answer questions about where you were, how much you had to drink, or when you last consumed a substance.
Police officers are trained to build a case against you from the moment of contact. Even seemingly innocent statements can be twisted and used as evidence of impairment in court. If you are being questioned, politely but firmly state: “I am exercising my right to remain silent, and I would like to speak with my attorney.”
2. Understand the “Two-Track” System in Utah
A DUI arrest in Utah triggers two entirely separate legal proceedings. Understanding the difference between these two tracks is critical:
- The Criminal Case: This happens in the court system (Justice or District Court). It deals with potential jail time, fines, probation, and a criminal record.
- The Administrative Case: This is handled by the Utah Driver License Division (DLD). This track deals exclusively with your privilege to drive.
It is a common misconception that if your criminal case is dismissed, you automatically keep your license. In reality, you can lose your license at a DLD hearing even if the criminal charges are eventually dropped.
3. The 10-Day Rule: Requesting Your DLD Hearing
In Utah, you have a very narrow window to save your driver’s license. From the date of your arrest, you have exactly 10 days to request an administrative hearing with the Driver License Division. If you fail to make this request within the deadline, your license will be automatically suspended on the 30th day after your arrest.
This hearing is often the first opportunity for your DUI attorney to cross-examine the arresting officer and identify weaknesses in the state’s evidence. Missing this deadline is one of the most costly mistakes a defendant can make.
4. Retrieve Your Vehicle from Impound
Under Utah law, your vehicle is automatically seized and impounded upon a DUI arrest. To get it back, you must:
- Visit the nearest DMV office.
- Provide proof of ownership (title or registration).
- Pay the administrative impound fee (often several hundred dollars).
- Obtain a “Letter of Impound Release.”
- Take that letter to the tow yard and pay their separate towing and storage fees.
The longer your car sits in the impound lot, the higher the storage fees climb, so it is in your best interest to handle this within the first 24–48 hours.
5. Document the Details with a DUI Attorney While They Are Fresh
Memory fades quickly, especially after a stressful event like an arrest. As soon as you are able, sit down and write a detailed account of everything that happened. This should include:
- Where you were and what you were doing before the stop.
- What the officer said was the reason for pulling you over.
- The exact wording of the officer’s questions.
- Whether you read your Miranda rights.
- Road conditions (weather, lighting, traffic).
- Details about the Field Sobriety Tests (FSTs) and where they were performed (e.g., on uneven gravel or a steep incline).
6. Navigating the Complexities of Utah’s 0.05% BAC Law
In 2018, Utah became the first state in the nation to lower its per se BAC limit from 0.08% to 0.05%. This means you can be charged with a DUI even if you do not feel “drunk” or “impaired.” For many adults, reaching a 0.05% BAC can happen after just two drinks.
For more information on how alcohol affects blood chemistry and the legal standards for impairment, you can visit the National Highway Traffic Safety Administration (NHTSA) website.
Penalties for a First-Time DUI in Utah
If convicted of a first-offense DUI (a Class B Misdemeanor), you face:
- Jail Time: A minimum of 48 hours in jail (or 48 hours of compensatory service).
- Fines: Minimum fines and surcharges typically exceeding $1,300.
- License Suspension: Usually 120 days for a first offense.
- Ignition Interlock Device (IID): Mandatory installation of a breathalyzer in your vehicle for 18 months.
- Probation: Supervised or unsupervised probation, often requiring substance abuse treatment or “Prime for Life” classes.
7. How a DUI Attorney Builds Your Defense
The “Best Utah Lawyers” don’t just look for a way to plead guilty; they look for ways to get the case dismissed or the charges reduced to “Impaired Driving.” A skilled DUI attorney will scrutinize every aspect of the prosecution’s case:
- Probable Cause: Did the officer have a valid legal reason to pull you over? If the initial stop was illegal, all evidence gathered afterward (including breathalyzer results) may be suppressed.
- Field Sobriety Test Accuracy: Were the tests administered in strict accordance with NHTSA standards? Factors like injuries, footwear, or nervousness can cause “false positives” for impairment.
- Breathalyzer Calibration: Was the Intoxilyzer 8000 machine properly calibrated and maintained? Utah has strict logs that must be kept; if the machine was malfunctioning, the results are unreliable.
- Body Camera Footage: We meticulously review police video to see if the officer’s written report matches the actual events of the night.
Why Experience Matters
At Greg Smith & Associates, we pride ourselves on being “lawyers’ lawyers.” Our lead attorney, Gregory B. Smith, has been involved in thousands of cases and has even taught other attorneys about the law. We understand that a DUI charge isn’t just a legal hurdle; it’s a threat to your livelihood, your ability to transport your family, and your standing in the community.
Whether you are facing a first-time misdemeanor or an aggravated felony DUI, we provide the aggressive, dedicated representation you need to protect your future. We are familiar with the judges and prosecutors in Salt Lake, Davis, and Utah Counties, and we know how to negotiate from a position of strength.
Take Control of Your Case Today with a Seasoned DUI Attorney
The clock is already ticking on your 10-day window to save your driver’s license. Don’t leave your future to chance or settle for a “plea mill” law firm that won’t give your case the attention it deserves.
Contact Greg Smith & Associates at (801) 641-3397 for a consultation. We are available 24/7—including nights and weekends—to help you navigate this difficult time. Let us help you get the best result and get your life back on track.