Facing a driving under the influence (DUI) charge in Utah can feel like the end of the road, especially if you’ve been stopped and arrested in Provo or anywhere in Utah County. You’re likely overwhelmed by the thought of jail time, hefty fines, a suspended license, and the installation of an Ignition Interlock Device (IID). While the potential penalties are serious, it’s crucial to understand that a DUI arrest is not the same as a conviction. It is a legal challenge that has solutions, and the immediate steps you take can set the foundation for a successful defense.
This guide outlines the essential actions you must take if you find yourself charged with DUI inn Utah and emphasizes why swift legal action is your best DUI defense.
3 Parts of a Typical Utah County DUI Case
1. The Immediate Aftermath of a DUI Stop
The moment the police red and blue lights turn on, your rights are activated. How you handle the initial steps is vital.
Stay Calm and Polite
Do not argue, resist, or try to talk your way out of the situation. Remain polite and respectful, but limit your conversation with the police. Anything you say can and will be used against you in court. In this situation, as in most involving the police, less is more.
Handle the Chemical Test
Utah has an “implied consent” law, meaning that by operating a vehicle, you’ve consented to a chemical test (blood, breath, or urine) if arrested on suspicion of DUI. While refusal is allowed, it triggers an automatic, and often longer, administrative license suspension—even if you are later acquitted of the criminal charge. This is a complex area, and the best course of action is to request your lawyer immediately.
Invoke Your Right to Silence and Counsel
If you are arrested, you have the constitutional right to remain silent and the right to an attorney. You can and should clearly and unequivocally invoke these rights. Politely state, “I am exercising my right to remain silent, and I want a lawyer.” Do not answer any further questions without your attorney present.
2. Understanding the Dual Legal Process
A DUI arrest in Utah triggers two separate and equally serious legal cases you must address:
The Criminal Case (In Court)
This is the charge filed against you in the local justice or district court. This case determines whether you are guilty of the criminal offense of DUI and carries penalties like fines, jail time, substance abuse treatment, and probation.
The Administrative Case (Driver’s License Division – DLD)
This separate civil case is focused solely on your driving privilege. The DLD will automatically suspend your license 45 days after your DUI arrest in Utah County unless you request an administrative hearing.
Crucial Deadline: You have only 10 calendar days from the date of your arrest to file a formal request for a DLD hearing. Missing this deadline means your license will be suspended without a hearing, regardless of the outcome of your criminal case. This deadline is often the most overlooked and most damaging mistake people make.
3. Hiring an Experienced DUI Defense Lawyer in Provo
A DUI charge is not merely a traffic ticket; it is a complex criminal matter requiring specialized legal knowledge. You need an advocate who understands the nuances of Utah’s DUI laws, the specific procedures used by the Provo Police Department, and the prosecutors in Utah County.
An experienced Provo DUI lawyer can challenge every aspect of the state’s case, including:
- The Legality of the Stop: Did the officer have reasonable suspicion to pull you over?
- The Legality of your Arrest: Did the officer have probable cause to believe you violated the law?
- Field Sobriety Tests: Were the tests administered correctly and scored fairly?
- The Chemical Test: Was the blood, breath, or urine test machine properly calibrated and maintained? Was the test administered within the correct timeframe?
The goal of a strong DUI defense strategy in Utah County is always to seek a dismissal, a reduction of the charge, or an acquittal at trial. Don’t face the serious consequences of a DUI alone. Time is critical, especially given the 10-day DLD deadline. Protect your rights and your future by contacting a qualified attorney immediately after your arrest.
The attorneys at Morrise Thompson Foresta understand the nuances of the Utah County court system and have a track record of successfully navigating complex DUI defense cases. Contact us now for a confidential consultation with an experienced defense attorney.