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Out-of-state DUIs happen in all states and it’s important to understand what the laws and procedures are when you are in this kind of situation. Reaching out to a reliable and trustworthy representative would probably be your best first move. It is common for some people to drink for entertainment and in group activities with families and friends, but sometimes these fun moments can turn into a nightmare for someone who had a little extra alcohol and was caught by a law enforcement officer while driving.
We see out-of-state DUI’s more often than you think. People will come to Utah for vacation or a work trip and have a drink or a few at dinner. Not knowing how to navigate Utah roads well, they may drive slowly trying to find their way back to their hotel. While driving below the speed limit is not necessarily illegal, it does seem suspicious and a police officer can see this as a reason to pull a car over. However, if they find out that the driver of the vehicle has been drinking, they have the right to question and take action against you.
If you have been arrested for a DUI while visiting Utah, the first thing the officer will do is file a license suspension with the state you got the DUI in because you either had a Blood Alcohol Content (BAC) level higher than the legal limit or refusing to take the breathalyzer test. The second thing that happens will be getting prosecuted for a DUI in Utah.
While the process to have your license suspension will have already started at the time of your arrest, you will have 10 days to request a driver’s license hearing with the state of Utah to appeal your suspension. It is critical to submit the hearing request form during this short window to even have a chance at salvaging your driving privileges. However, this is not a guarantee that you will recover your driver’s license. If you fail to request a hearing for the license suspension in the allotted time frame or lose the hearing altogether, then your license will be suspended for however long the state determines.
You may be subject to different punishments as an out-of-state offender versus someone who is a Utah resident. It is always good to do a little extra research on some of Utah DUI penalties. For a first or second offense within the past 10 years in Utah, the punishments include:
In addition to this, you may be required to perform community service, be placed on probation, and pay a costly fine for the restrictive ignition interlock device that would be installed in your car. All of this would increase the fines you would be required to pay.
The local police department and the Department of Motor Vehicles in your home state will be notified of your out-of-state DUI due to the Interstate Driver’s License Compact. This means that you may also be punished by your home state.
Anyone can get a DUI, including a physician, a psychiatrist, and even an attorney. Aside from losing your driver’s license, you run the risk of losing your professional license as well. Some industries revoke your ability to ever obtain the same professional license again, and your professional reputation will take a severe hit.
Utah police can suspend your driver’s license and take away your driving privileges only for the state of Utah, but they cannot actually revoke your license. If your license has been revoked by Utah police and you live in a different state, contact Schatz, Anderson, & Associates immediately.
The attorneys have Schatz, Anderson, & Associates have represented 3,000 DUI cases and have over 50 years of combined experience. We will aggressively represent your case because we understand just how important it is to not only keep your driver’s license, but to protect your professional license. Without it, yours and your loved ones livelihoods are at stake. You don’t have time to waste with a DUI conviction, call us today to schedule your consultation!
Utah will be the first state to lower its BAC level from 0.08 to 0.05. This will go into effect at midnight on December 30th, 2018. Find out how the rules and penalties will change along with this!