In Utah, you may be convicted of driving under the influence even if your blood alcohol level is below the national limit of .08. As long as you act or appear affected by alcohol, you can be arrested. If this is your second violation in 10 years, the penalties are particularly harsh. You should contact a lawyer immediately.
Your driver's license will be suspended for two years after a second DUI in Utah. In fact, it will be taken away during your arrest, and you will be issued a temporary license that is valid for the next 30 days, after which it will be confiscated. You will need to pay $200 to get your license reinstated after the two year period.
Additionally, you will be considered an alcohol restricted driver for the next ten years, which means you cannot drive after having consumed any amount of alcohol. This status will appear on your driving record. If you violate it, you face another year of a suspended license, and three more years as an alcohol restricted driver.
You can apply for a restricted license during the 10 year suspension period, but only after the first three years. You must be free of violations in the last year to get this license, which allows you to drive to work or school. Whether you try to get the restricted license or wait out the suspension period, you need to complete alcohol treatment and testing and have to use an ignition interlock device for three years.
There is also the possibility that your car will be impounded after your second DUI in Utah. In addition, 240 hours of community service must be served.
You will spend at least 10 days in jail for a second DUI in Utah. Also, you will have to pay at least $800 in fines. These are in addition to other expenses, such as the alcohol treatment program and ignition interlock device, both of which you will need to pay for.
In Utah, the lookback period is 10 years. This means that the court will hand down harsher penalties if you have had a DUI within the last ten years, as this one will be considered your second.
Felony vs. Misdemeanor in Utah
This state considers a second DUI a misdemeanor.
In Utah, you may be able to get a DUI reduced to a lesser charge, such as a wet reckless, which carries fewer consequences. You can do this through a plea bargain, but you will need the help of a lawyer. If you were not under the influence of alcohol, or have evidence that your case has been mishandled, you can plead not guilty. You will go to trial, which will also require a lawyer.
Talking to an Attorney
Of course, you could plead guilty and simply accept the penalties of a second DUI in Utah, but you are encouraged to seek the advice of an attorney first to ensure this is the best option.