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Is The Driver’s License Confiscated Upon A DUI Arrest?

If you are being charged and arrested with the DUI, they will take your driver’s license and they will send it over to the DMV. You will not get it back unless you win or prevail at the hearing that I said you have to set up within 10 days of being arrested. When you leave, you are not going to be able to drive. It doesn’t matter if you have a commercial driver’s license or you need it for work, you are going to have to either get an Uber driver, a Lyft or a taxi, or have a family or friend drive you around. Doing that would be driving on a suspended license, and would be another criminal charge added to your case. You want to avoid those at all costs.

Does Utah Offer Restricted Or Occupational Temporary License?

Typically you have to wait at least a year from a license suspension before you are able to get a driver’s license back, even if it’s for work or occupational reasons.

What Are The Consequences Of Refusing A Blood Or A Breath Test In Utah?

It never looks good to refuse a breathalyzer test. If you refuse a blood test, the police will do it anyway. They’ll take you down to a lab, and they’ll extract blood from you whether you want to or not. It just shows that you’re not cooperating with the police. I don’t think it makes any sense to refuse a breath test, because by the time you get to the station, you’re still going to have that blood alcohol content in your blood stream. It stays there a lot longer in your blood than on your breath. I think you’re just better off blowing in the straw, and you’ll be good.

What Is The Ignition Interlock Device? When And How Is It Used?

If you’ve committed an offense and you become what is called an alcohol restricted driver, meaning that you’ve refused to submit to some alcohol test from the past, and essentially you are now prohibited from driving with any alcohol in your system. Even if your alcohol level is below the 0.05, you are still completely restricted. That’s going to be anytime between 2 to 5 years, depending on what you negotiate with in your first DUI case. It could even be a lifetime. I’ve seen a handful where they get 10 years or for the rest of their life. What that means is there’s an interlock device that you have to blow into, which is like a breathalyzer test in order to drive the car. If you breathe in and there is any alcohol in your system, it will not allow you to turn the vehicle on and you cannot drive. So those do happen, and it really just depends on the case to see what happens whether you will become an alcohol-restricted driver in Utah or not. But typically, I would say there are 2 years on those especially, if you are severely over the blood alcohol legal limit.

What Factors Can Enhance Or Aggravate A DUI Charge?

First of all, if you don’t cooperate with the police when you are pulled over, that can lead to additional charges, and that’ll definitely be put in a narrative report that the prosecutor and your attorney will read later. The second thing is if there been any type of accident or property damage, which will also aggravate the charge. Of course even worse than that is actually hitting another car is doing bodily injury to someone else, hitting a pedestrian. I’ve had a case a few years ago where someone actually ran over two people and both people died, which could have been a vehicular homicide charge. Luckily, we were able to get that changed to simply a DUI. Although he killed two people, he only ended up with a 10-day jail sentence, which was phenomenal for us. But those types of things can really aggravate a case. We want to help you, and so coming to an attorney early definitely can help mitigate the outcome. You obviously don’t want to go out driving while you are intoxicated or under the influence of any drugs, because the potential for damage and harm is so huge that sometimes it becomes very difficult to mitigate those losses and damage that’s done.

For more information on Driver’s License Consequences In a DUI, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 676-5506 today.

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Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088
United States

Telephone: (801) 676-5506