Underage DUI
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Salt Lake City Underage DUI Attorneys
Underage DUI in Salt Lake City
Even with Utah’s strict drinking laws, young adults not yet at the legal drinking age still have ample opportunity to access alcoholic beverages. Unfortunately, a single mistake can have a disastrous impact on a young person’s future. Minors charged with an underage DUI will face a range of challenges that limit their educational opportunities, career prospects, and even where they are able to live.
At Nix, our in-depth knowledge of Utah law and decades of experience navigating underage DUI cases help us provide effective legal advocacy to young adults in Salt Lake City. Mistakes happen, and when they do, it is critical to protect the rights of the young people involved. To discuss your next steps with our team of experienced Salt Lake City underage DUI lawyers, consider contacting our office today.
What Are the Laws Related to Drinking and Driving While Underage in Utah?
Utah law recognizes that young drivers are more likely to become impaired quickly and that the effects of alcohol consumption tend to be more pronounced among underage drivers. In response, many states have enacted a zero-tolerance policy for underage drinking, and Utah is no exception. While these laws are well-intentioned, these extremely strict policies can cause significant legal issues for young people accused of driving drunk.
Utah’s zero-tolerance policy is known as the “Not a Drop” law, which prohibits all underaged individuals from driving with any quantity of alcohol in their system. According to Utah Code § 32B-4-409, if a person under the age of 21 is caught driving with even a drop of alcohol in their body, they will be charged with an underage DUI. A Blood Alcohol Content as low as 0.01% is considered a violation of Utah’s Not a Drop policy. This law extends to drivers of any motor vehicle, including dirt bikes, ATVs, and motorboats.
Is it Illegal to Refuse to Submit to a Breathalyzer Test?
When a law enforcement officer asks you to submit to a breathalyzer test, you have the right to refuse it. It is important to note that refusing to submit to a breathalyzer test upon suspicion of DUI may result in further penalties, however, including license revocation for a longer period of time. Per Utah Code § 41-6a-520, all individuals who choose to operate a motor vehicle are considered to have consented to a chemical test (blood, urine, or breath) to determine if they are within the legal limits.
What Are Common Consequences of Being Arrested for a DUI Underage?
The consequences of being arrested for a DUI underage are severe and can impact nearly every area of a young adult’s life. A DUI conviction results in the creation of a criminal record, which can harm future employment opportunities, housing, and your ability to take certain college classes. Formal legal penalties can be just as harsh, even for minors who have never before experienced legal trouble. The common consequences of being arrested for a DUI underage include:
First offense: Penalties for a first offense include up to six months in jail, fines of up to $1,000, up to six months in prison, and driver’s license suspension for up to 120 days or until the underage driver reaches the age of 21.
Second offense: Subsequent violations of underage drinking and driving laws will be punished even more harshly. Penalties include up to six months in jail, up to $2,500 in fines, and a two-year license revocation.
Underage drivers may also be required to complete a substance abuse evaluation and other recommended treatment before license reinstatement. Individuals who are convicted of underage drinking and driving are sometimes also responsible for installing an Ignition Interlock Device in their vehicle. This device is designed to prevent you from starting your vehicle if you have any alcohol on your breath.
If the underage driver is younger than 18 years of age, they may be subject to a different set of legal consequences in juvenile court. While drivers under the age of 18 will not face criminal charges and jail time, they may have their license suspended for at least one year. Your Nix Salt Lake City underage DUI lawyer can provide further insight into the consequences of being arrested for a DUI depending on your unique circumstances.
Is an Underage DUI a Felony or Misdemeanor?
All criminal charges in Utah are divided into one of two categories: felonies or misdemeanors. Misdemeanor violations typically carry lighter penalties and are considered less severe compared to felony offenses. The first and second violation of underage DUI laws in Utah will result in a misdemeanor charge. A third or subsequent offense will result in felony charges. A felony charge for underage DUI is serious, resulting in possible jail time, lofty fines, and license revocation for two years, or until the individual reaches the age of 21.
Can an Underage DUI Be Expunged?
Utah’s expungement laws place certain limitations on what can and cannot be expunged on your criminal record. While misdemeanor charges are expungeable under Utah law, the waiting period for DUI offenses is longer than the waiting period for other offenses. It is possible to expunge most misdemeanor charges within five years, but a misdemeanor DUI conviction cannot be expunged until 10 years after completing the required jail time or probation.
Felony DUI convictions cannot be expunged. Alternatively, your Salt Lake City underage DUI lawyer may pursue a 402 reduction to lower your conviction to the misdemeanor level. If a reduction is successfully obtained, your charge will be subject to the same 10-year waiting period as a misdemeanor offense. If the driver was under the age of 18 at the time of conviction, they will be subject to different expungement rules.
Contacting a Salt Lake City Underage DUI Defense Lawyer
If you or your child are facing legal trouble due to underage drinking and driving, you are not alone. At Nix, our team of experienced Salt Lake City underage DUI lawyers understands how far-reaching the consequences of a DUI are, which is why we work tirelessly to have your charges reduced or dismissed.
While it is true that the legal consequences of a DUI can impact a young adult’s personal and professional future, it is also important to understand that you have options available to combat these charges and protect your future. To begin building your legal defense with our team, consider scheduling an initial consultation with us today.
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Driving under the influence (DUI) in Utah carries serious legal and administrative consequences. Penalties vary based on the offender’s blood alcohol concentration, prior offenses, and aggravating factors:
- Criminal Penalties: A first-time DUI is generally a Class B misdemeanor, punishable by up to 180 days in jail and fines exceeding $1,000 with surcharges.
- License Suspension: The Utah Driver License Division may suspend a driver’s license for 120 days for a first offense and up to two years for repeat offenders.
- Ignition Interlock Device: Installation may be required for 18 months or longer, especially for high-BAC or repeat offenders.
- Alcohol Education or Treatment: Courts often mandate participation in substance abuse education or treatment programs.
- Felony DUI: A third DUI offense within 10 years is a third-degree felony, which may result in up to five years in prison.
The burden of proof in criminal cases is with the prosecution who must prove your guilt beyond reasonable doubt. Our team’s role is to ensure this burden is discharged. If necessary, we help you negotiate plea deals to ensure the consequences and penalties are minimized.
How Nix Law Can Help
Being charged with DUI in Utah can have serious legal, financial, and personal consequences. A DUI defense attorney plays a critical role in helping defendants understand and navigate the complex legal process.
Here are several ways our Attorney Jesse Nix can assist:
- Explaining Legal Rights: We ensure defendants understand their rights under Utah law, including protections against self-incrimination and unlawful searches.
- Evaluating Evidence: We review field sobriety tests, breathalyzer results, and police reports to identify potential procedural or technical errors.
- Challenging Arrest Procedures: If law enforcement failed to follow proper DUI arrest protocols, we can move to suppress improperly obtained evidence.
- Negotiating with Prosecutors: Skilled negotiation may reduce charges or penalties, particularly for first-time or low-BAC offenders.
- Representing in Court: We advocate during hearings, plea negotiations, and trials, ensuring fair application of the law.
- Managing Administrative Hearings: We can represent you in Driver License Division (DLD) hearings to contest license suspensions.
An attorney’s guidance helps protect legal rights and supports informed decision-making throughout Utah’s DUI process. Contact a Utah DUI defense lawyer at Nix Law today.
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Frequently Asked Questions
What qualifies as a DUI under Utah law?
Under Utah Code §41-6a-502, a DUI occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.05% or higher, or is impaired by alcohol, drugs, or both. Utah has one of the strictest DUI thresholds in the U.S.
What are the penalties for a first-time DUI offense in Utah?
A first DUI offense may result in up to 180 days in jail, fines, driver’s license suspension (120 days), and mandatory participation in an alcohol education or treatment program (Utah Department of Public Safety – Driver License Division).
What happens if someone refuses a chemical test?
Under Utah’s implied consent law, refusing a chemical test leads to automatic license suspension and may be used as evidence in court.
Can a DUI affect professional and personal life?
Yes. A DUI conviction may impact employment, insurance rates, and professional licensing, particularly in regulated fields. It also remains on an individual’s criminal record unless expunged.
How can Nix Law assist in a DUI case?
Nix Law can help clients understand Utah’s DUI process, evaluate evidence such as breath or blood tests, and ensure that constitutional and procedural rights are protected throughout court proceedings.