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Utah DUI Defense — Statewide

Utah DUI defense that actually fights.

Utah's 0.05% BAC limit is the strictest in the nation. One mistake shouldn't cost you your license, your career, or your freedom. We challenge every element of the prosecution's case — from the legality of the traffic stop to the integrity of the lab report.

10-Day Deadline. You have only 10 calendar days after a DUI arrest to request a Driver License Division (DLD) hearing — or your license is automatically suspended.

Talk to a Utah DUI attorney now

Confidential · Free · 24/7
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I. Defense Methodology

Four points of attack on every Utah DUI.

Every DUI prosecution rests on a chain of evidence — a stop, an observation, a test, a result. Our job is to test every link. If even one fails, the case can collapse.

01

Was the stop lawful?

The Fourth Amendment protects against unreasonable seizures. If an officer lacked reasonable suspicion to pull you over in the first place, everything that followed — the observations, the field sobriety tests, the breath sample — can be suppressed.

  • Reasonable suspicion analysis
  • Dashcam & bodycam timeline review
  • Pretextual stop challenges
  • Suppression motions under Utah R. Crim. P. 12
02

Were the tests reliable?

Field sobriety tests have specific NHTSA-mandated administration procedures. Officers routinely deviate. Breathalyzers require regular calibration and certification. Blood samples have strict chain-of-custody requirements. Each rule-break is leverage.

  • NHTSA FST procedure compliance
  • Intoxilyzer 8000 calibration logs
  • Blood draw protocol & storage
  • Lab analyst credentials & methodology
03

Was the BAC accurate?

Utah's 0.05% threshold leaves no margin. Mouth alcohol, GERD, ketogenic diets, partition ratio variability, and rising BAC all create scientific challenges to the result. We work with forensic toxicologists when the numbers warrant it.

  • Mouth alcohol & residual alcohol defense
  • Rising BAC & absorption analysis
  • Partition ratio (2100:1) challenges
  • Independent toxicologist consultation
04

DLD hearing — license first.

The criminal case and the DLD case run on separate tracks. Even if the criminal charge is reduced, your license suspension is a different fight — and you have only 10 days to start it. We file the request as our very first action.

  • 10-day administrative hearing request
  • Procedural defects & technical wins
  • Limited driving privileges (1188)
  • CDL preservation strategies
II. What's at Stake

Utah DUI penalties — by offense.

Utah Code § 41-6a-503. The penalties scale dramatically with each offense, and a third DUI within 10 years becomes a third-degree felony. This is why the first one matters most.

Offense
Jail / Custody
Fines & Costs
License
FirstClass B Misdemeanor
Up to 180 days · 48 hr minimum or community service
$1,310+ · ~$2,500 total
120-day suspension · interlock often required
SecondClass B Misdemeanor (within 10 yr)
Up to 1 year · 240 hr minimum or community service
$1,560+ · ~$3,500 total
2-year suspension · interlock 36 months
Third3rd-Degree Felony (within 10 yr)
Up to 5 years prison · mandatory minimums
$5,000+ · ~$8,000 total
2-year suspension · interlock for life on some violations
AggravatedInjury, BAC ≥0.16, or Child Passenger
Felony exposure · enhanced minimums
$5,000+ enhanced
Extended suspension · permanent record

Source: Utah Code § 41-6a-503 et seq. · Penalties summarized for general reference. Speak with an attorney for your specific case.

III. DUI Case Outcomes

Recent DUI dispositions.

Anonymized DUI case results from across Utah jurisdictions. Past results do not guarantee future outcomes.

23–DUI–28412nd District
DUI · Weber County

Charge Dismissed

— Stop legality challenged

Officer lacked reasonable suspicion for the initial stop. Suppression motion granted. All evidence excluded; case dismissed before trial.

2024 · Pre-trial
24–DUI–06173rd District
DUI · Salt Lake County

Reduced to Impaired Driving

— § 41-6a-502.5 plea

Breathalyzer maintenance records showed irregular calibration. Negotiated reduction; client kept license and avoided DUI conviction.

2024 · Plea Agreement
24–DUI–11881st District
DUI · Cache County

Not Guilty at Trial

— Six-person jury verdict

FST administration deficiencies documented and presented at trial. Jury returned a not-guilty verdict in under an hour.

2024 · Jury Trial
23–DUI–35022nd District
2nd DUI · Weber County

License Saved · No Jail

— DLD hearing won

DLD hearing won on technical defect. Criminal charge resolved with community service. CDL preserved; client kept commercial employment.

2023 · DLD + Plea
24–DUI–09052nd District
DUI · Davis County

Suppressed at Pretrial

— Miranda violation

Statements taken without Miranda warnings during custodial interrogation. Statements suppressed. Prosecution dismissed remaining charges.

2024 · Suppression
24–DUI–14225th District
DUI · Washington County

Reduced & Expungeable

— Diversion program

First-time offender diverted into pre-trial program. Charge reduced to non-criminal infraction. Eligible for full expungement after compliance.

2024 · Diversion

Past results do not guarantee future outcomes. Each case is fact-specific.

IV. Common Questions

Utah DUI defense — your questions.

For case-specific guidance, call us 24/7. These are general answers only.

Stop talking to anyone except an attorney. Call a DUI lawyer immediately — even before you go home, if possible. The 10-day clock for your DLD hearing has already started, and any statements to family or friends are not privileged. Document what you remember about the stop, the officer's instructions, and the tests, while it's fresh.
Yes, in many cases. Utah Code § 41-6a-502.5 allows a DUI to be pleaded to "impaired driving," which carries lesser collateral consequences — particularly for license suspension and ignition interlock. Whether this is available depends on your BAC, driving history, and the specific facts. We negotiate this reduction whenever the evidence supports it.
Not automatically — but only if you act fast. The DLD will suspend your license unless you request an administrative hearing within 10 calendar days of your arrest. This is a separate proceeding from the criminal case. Even if you ultimately lose at the DLD, the hearing creates a sworn record of the officer's testimony that can be invaluable in the criminal case.
Utah's implied consent law (§ 41-6a-520) means refusal triggers an automatic 18-month license suspension on a first refusal — longer on subsequent refusals. However, refusal also denies the prosecution a key piece of evidence, which often makes the criminal case harder to prove. Whether refusal helped or hurt depends entirely on the rest of the evidence, and we examine that closely.
Yes — and this is often the most consequential aspect of a DUI. Commercial drivers face CDL disqualification. Healthcare workers, teachers, and other licensed professionals face board reporting requirements. Federal employees and security clearance holders face additional scrutiny. We work with you to minimize these collateral consequences from the start of the case, not after the fact.
Fees vary based on complexity. A first-offense DUI that resolves at plea is significantly less than a felony DUI that goes to trial. We're transparent about fees from the first call, and many cases are handled on a flat-fee basis so you know your maximum cost up front. The first consultation is always free — call to discuss your case and we'll give you a realistic range.
V. Contact

Free DUI case analysis.

No obligation. No judgment. Just answers from experienced Utah DUI defense attorneys.

Phone — 24/7
(801) 627-1110Call or text. Brady and Kelly answer directly.
Office
3856 Washington BlvdOgden, Utah 84403 · Open 24 hours
Coverage
Statewide UtahAll districts & justice courts · Se Habla Español
⌃ The 10-Day Rule

After a DUI arrest in Utah, you have just 10 days to request a DLD administrative hearing. We file this immediately upon retention.

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