What Additional Consequences Will A Habitual Or Repeat DUI Offender Face In Utah?
The only way to get a felony conviction for a DUI in Utah is if you had two prior DUIs. There is no felony DUI unless you have already had two. It doesn’t matter what your breath alcohol level is, or the outcome in other tests. If you had two prior DUIs, then the third DUI is automatically charged as a felony no matter what. So, your third DUI is a felony DUI.
Your second DUI is still a class B misdemeanor just like a first DUI but it carries additional mandatory minimum sentencing requirements. Instead of a fine that’s somewhere around $1400, you’re probably going to have a fine close to $2800 or $3000, which is about twice as much. You’re also going to have a mandatory minimum jail sentence of 10 days instead of just the regular two. Those are the most severe things.
You’re also going to have to do supervised probation, which is going to be an additional expense. You’re going to have a longer ignition interlock device restriction, you’re going to have to do that for five years whereas on a first time offense, it’s just a year and a half.
There are all kinds of longer license suspensions, longer probation requirements, longer ignition interlock device requirements, for repeat offenders. It’s going to cost you more than twice as much for even your second DUI and when you get up to the felony, on the third, you’ve got really serious consequences.
Why Is It Important To Work With An Experienced Attorney To Fight The Charges Of A DUI Versus Pleading Guilty?
A DUI conviction has all sorts of severe consequences. These consequences get more severe when you have each additional conviction.
When people visit an attorney after a DUI conviction, they feel very sorry for having driven under the influence. They feel like they can’t believe they did it and they never would have thought that it would be them getting a DUI when they drive by the billboards on the street and see the advertisements on TV. They have always thought that that wouldn’t be me but now it is them.
The problem is if it has happened to you once, you never know if it’s going to happen to you again and you have to be careful. You have to think about that when you’re pleading guilty straight up to a DUI for the first time, it’s something that’s going to affect your future if this ever happens to you again. You never know when you can get wrongfully accused of a DUI or when you can make a really bad choice one day and you get caught driving under the influence.
If you plead guilty once, the next DUI will be your second DUI instead of your first, which has even more severe consequences. That’s the most important reason why someone should not plead guilty.
Also, it is your attorneys job to try and make sure that you don’t have a DUI. The consequences of a DUI can be extremely severe, and it’s the job of the attorney to try and make sure that you don’t have those consequences. A good attorney will try to keep you from having to have an ignition interlock device and from having to do supervised probation and time in jail.
To be able to do that, you have to be able to fight a DUI on the merits of the case. You have to understand the science behind the breath tests, you have to understand how the evidence is presented and what’s important. You also need to tell whether the police officers that arrested you did their job the right way and you have to know where to attack some of those issues with the case.
You can’t just go in and try to defend it yourself. If you’re not trying to do that, you’re just going to go in and accept a DUI conviction, and you’re going to have all these consequences. However, if you have somebody that’s experienced that can take a look at the case, they can help out with some of those consequences. It’s the attorneys job to make sure that you’re not having to have the most severe consequences.
A good attorney will figure out a way to work around some of those issues. Therefore, you need to talk to somebody who does it for a living, who knows the ins and outs of the cases and the ins and outs of the court system. An experienced attorney will also be aware of the consequences that you’re dealing with. He or she will make sure that you don’t get caught in a trap that’s going to cost you a lot of money and possibly even more so in the future.
If you need information on How To Deal With Consequences In Repeat DUI Cases, call the law office of Attorney Court Koehler for a free initial consultation at (801) 441-2013 and get the information and legal answers you’re seeking.