Ogden DUI Lawyers
Fighting DUI Charges for Drivers in Ogden & American Fork, UT
Utah has some of the toughest laws against impaired driving. It also has some of the most aggressive strategies for finding potential offenders. Instead of looking for visibly impaired drivers who are driving improperly, Utah police routinely “fish” for DUIs.
They randomly stop drivers for traffic infractions, such as failure to signal before changing lanes, looking to “smell alcohol on the breath” of the driver. Any smell of alcohol, even from occupants, warrants a full-fledged investigation, snaring innocent people in the criminal justice system, which then treats them as criminals.
Many drivers facing DUI charges believe they face a guaranteed conviction. That is rarely the case; DUI charges are not hopeless. Many factors can be investigated to combat these charges. Police officers can conduct roadside investigations improperly. Breathalyzers and other chemical tests are prone to human and mechanical errors. Medical conditions, medications, and certain foods can produce false chemical test readings.
Our qualified DUI defense attorneys at Stevens & Gailey, PLLC can capitalize on these flaws and weaknesses. Contrary to popular belief, you can fight and win a DUI in court and at the DMV hearing. The procedures involved are complex, and the cost of losing is high, so putting an experienced firm on your side is imperative. Our team has decades of experience and a proven track record.
Reach Stevens & Gailey, PLLC online or at (801) 761-2124 for a consultation with an Ogden DUI attorney. Hablamos español.
What Is DUI in Utah?
Many drivers make the mistake of concentrating on Utah’s legal alcohol limit. Although correct, it is only one part of the two-pronged statute.
In Utah, you can be arrested for DUI when you have actual physical control of a vehicle in these scenarios:
- Per Se: Having an alcohol concentration of .080 or greater in blood or breath testing, or;
- Impairment: Having any alcohol or drug in one’s blood, such that one is “impaired,” according to the arresting officer’s point of view.
Vehicle means any device upon which a person may be drawn or transported on a highway except those devices on stationary tracks. This includes boats, ATVs, and snowmobiles.
Furthermore, if the device's keys are in the ignition and you are in the vehicle, you are in actual physical control. Thus, sleeping in the back seat of a car, even with the radio playing, is actual physical control that can result in a DUI charge.
If you have even had a sip of alcohol or took a Lortab three days ago, you are at risk of being impaired and receiving a DUI.
DUI Penalties in Ogden
For a first DUI Class B misdemeanor offense in Utah, the standard penalties typically include:
- A minimum of two days in jail or 48 hours of community service.
- Fines and fees totaling more than $1,000.
- A driver's license suspension for 120 days.
- 12 months of probation
- Mandatory participation in an alcohol education or treatment program.
- Installation of an ignition interlock device may be required, especially if the BAC is particularly high.
Aggravating Factors in Utah DUI Cases
In Utah, certain aggravating factors can elevate a DUI charge to a more severe level, such as a class A misdemeanor or even a felony.
These factors include:
- Having prior DUI convictions.
- Causing injury or death while driving under the influence.
- Having a high blood alcohol concentration (BAC), which is 0.16 percent or greater.
- Having a minor in the vehicle at the time of the offense.
Enhanced penalties for a Class A misdemeanor DUI include up to a year in jail and thousands of dollars in fines. For a felony DUI, penalties can be more severe, potentially involving a prison term of up to five years, lengthy supervised probation, and significant fines.
Driven by integrity, compassion, & commitment Why Choose Stevens & Gailey, PLLC?
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Trusted AdvisorsWhether facing complex legal challenges or high-value disputes, you need a firm you can trust. With extensive experience and a reputation for excellence, we are here to guide you through every step with confidence and expertise.
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Unwavering CommitmentYour success is our priority. Our dedicated team works tirelessly to deliver the best possible outcomes, offering personalized attention and a strategic approach that’s always focused on your needs.
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Tailored StrategiesHandling complex, high-stakes cases requires a deep understanding of financial intricacies. We specialize in managing high-net-worth cases, crafting personalized legal strategies designed to protect your assets and interests.
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Bilingual Legal ExpertiseWe’re proud to offer legal services in both English and Spanish. Our bilingual team ensures that language is never a barrier to receiving top-tier legal representation, providing clear communication for all our clients.
DUI & Your License in Ogden
After a DUI charge, you must request a hearing with the Utah Department of Public Safety Driver License Division. This hearing is separate from your criminal case and is done to challenge the automatic license suspension. The request must be made within 10 consecutive (including holidays and weekends) days after your DUI.
You must complete the request timeline to retain your right to the hearing. Our attorneys recommend you handle this request promptly to ensure you meet the deadline. A DUI defense attorney from Stevens & Gailey, PLLC can represent you at the hearing.
We also recommend that you request all of your DUI-related reports, including any testing, results, videos, reports, etc., so you can review the evidence in preparation for the hearing.
Problematic evidence can be challenged during the hearing. If an arrest procedure appears to have been incorrectly performed, the arresting officer can be questioned. Questions can involve their training, how the test or action is conducted, and how often they have performed it. Being rude, insubordinate, or violating the hearing rules is counterproductive and can harm your case.
If your license suspension is denied, you have the right to an appeal before a judge. That often puts an aggressive and skilled prosecutor from the Attorney General’s office against you. Our firm can represent you at this appeal or a further one before higher courts to give you the best chance of a favorable outcome.
