Utah has laws against drunk driving just like every other state. Although several states differentiate between driving while impaired by drugs or alcohol, Utah makes a different distinction: driving while under the influence and driving while over the limit. The two sound similar, but the state considers one more severe than the other. Driving while under the influence means the person was impaired, regardless of the blood alcohol level. Driving while over the limit simply means a person was caught driving with a BAC over the legal limit of 0.08.
If a driver fails the BAC test, the officer confiscates the driver's license on the spot. The driver's car is impounded and the driver is charged with DUI or driving over the legal limit. The driver is given a 29-day temporary license. On the 30th day, the temporary license expires and the court-ordered suspension goes into effect, usually for 120 days. Repeat offenders could face a license suspension for several years, as well as jail time, community service and fines and fees. An interlock device might also be required to be installed in the driver's vehicle. This machine requires a driver to pass a breathalyzer test before the vehicle can be started.
Recall that it is not a crime to drink any alcohol and drive in Utah. But you may not legally drive if your Blood Alcohol Content (BAC) has exceeded the maximum percentage allowed under Utah law (generally 0.08% for most, but not all, people). If you are under the age of 21, and you are driving with a blood alcohol level (BAC) greater than 0.02%, you may be convicted of underage DUI.
Utah peace officers are trained to recognize the signs that a driver might be impaired. If an officer observes any of these signs he or she could pull a driver over:
After pulling a driver over, the peace officer will investigate for further evidence of driver impairment. The officer will look for signs such as:
If the peace officer observes any of the above, he or she can charge the driver with DUI.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.