Ogden DUI Defense Attorney
In Utah, Driving Under the Influence or DUI is an offense that is treated differently depending on previous convictions of the same offense. The law separates the offenses into first offense, second offense, and any offense afterwards. Obviously, as a person compiles more and more offenses, the defense becomes more difficult, prosecutors are less likely to make deals, and the punishments become more severe. Furthermore, if a DUI offense is accompanied by certain statutorily enumerated factors the charge is increased and sentencing enhanced, making this area of law even more complicated.
First Time Offenders
For a first time DUI offense, the accused is much more likely to receive a plea agreement from the prosecution, and the legal system in general will view them as much less of a threat to society. Assuming there are no other enhancement factors involved in the offense (i.e. inflicting injury as a result of DUI, passenger under 16, etc…) a first time offense is a class B misdemeanor and upon conviction the court must impose a sentence of at least 48 hours of imprisonment or community service and a large fine.
The Second DUI Offense
After a person has already been through the legal system once, the general view is that the court does not want to see that person again. Each time they do have to see them again the court in some sense begins to lose patience and mercy for that person. For a second DUI offense the charge is still a class B misdemeanor but the sentencing is enhanced. Both the jail time and fine increase significantly.
After the second offense all other DUI offenses are treated the same, and that treatment is much harsher. For a third or subsequent offense the charge can no longer be handled in the justice court because it is a third degree felony. The possible penalties for a third degree felony are zero-to-five years in prison and thousands of dollars of fines.
Northern Utah Criminal Defense Lawyer
Regardless of where you are on the DUI offender scale, our attorneys can help. Obviously, the more sever your charges the greater the need for an attorney, but even for first time offenders the benefits of having an attorney by your side are huge. Our lawyers are experienced criminal defense attorneys who have worked hundreds of DUI cases and they know how to get the best results for you. Call 801.823.1200 or email us today to set up a free consultation.