So You’ve Been Accused of a Crime…
When you are accused of a crime, the allegations include a classification of the crime. In criminal law, there are two main classifications and several sub-classes. The two main classes are felony and misdemeanor. Felonies are more serious offenses according to the state whereas misdemeanors are less serious offenses. Generally speaking, felonies are crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year.
How is My Criminal Case Going to Proceed?
After your have been accused, you will usually be taken into custody although this is not always the case. After the case is brought to the state from the enforcement agency (police, etc.), a prosecutor, initiates the suit. Persons convicted of a crime may be incarcerated, fined, given probation, made to take classes, given community service, etc. The range of punishment is wide. Once the case has been filed and you have been notified or taken into custody, you have your most important decision.
Do I Really Need a Criminal Defense Attorney?
The answer is “no”. You can defend yourself. That is your right. If the crime is serious enough, most judges will insist that you either have an attorney or have the court appoint one. This is where you have to understand the basics of law practice.
Have you ever looked in the engine of a car and thought that you understood the basics? Worse yet, have you looked in there and not been able to find the dipstick? Now pretend your car is broken and you need to read all the books to diagnose it, figure out how to fix the problem, purchase the tools to do the work, perform the labor, and then pray you got it right.
That is how the law works. Whether you understand a lot or a little, doing it yourself will cost you more than hiring an attorney for your criminal law case almost every time. Getting a attorney appointed by the court is ok. You will get attorneys with more experience that any other, but you will also get the attorney that has a case load of 200+ cases in many instances. If you can afford it, hire a law firm that can give your case personal attention. Either way, you want to make sure that your case gets individual attention and not just settled like all the others.
The Justice Firm have Criminal Law Attorneys who can help you with your criminal case regardless of what you are accused of.
Utah DUI Law Highlights: BAC Levels and Implied Consent (Table 1)
State |
"Per Se" BAC Level |
"Zero Tolerance" BAC Level |
Enhanced Penalty BAC Level |
"Implied Consent" Law |
| Utah |
.08 |
.00 |
.16 |
Yes |
DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.
"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.
Utah DUI Law Highlights: Selected Penalties (Table 2)
State |
Administrative License Suspension/Revocation (1st/2nd/3rd Offense) |
Mandatory Alcohol Education and Treatment/Assessment |
Vehicle Confiscation Possible? |
Ignition Interlock Device Possible? |
| Utah |
120d/ 1y/ 1y |
Both |
No |
Yes |
Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.
Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.
Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.
