Driving Under the Influence of Drugs or Alcohol is a serious charge that is prosecuted aggressively in Utah.  It is also an enhanceable charge, meaning that a third DUI charge of DUI in a ten-year period can be charged as a Third Degree Felony. A DUI can also be charged as a felony if the accused has also inflicted serious bodily injury on another person as a result of driving under the influence. A DUI can also be charged as a Class A Misdemeanor if you are over the age of 21 and there is a minor under the age of 18 in the vehicle. Or if you're under 21 and the minor is under the age of 16.

Most often, in a DUI case, the prosecution’s witnesses are police officers, who can be easily contacted by the prosecutor and who will usually appear in court for hearings or a bench and/or jury trial.  But as in all criminal cases, the state bears the burden of proving its case beyond a reasonable doubt.  As part of the process of a DUI charge, you have 10 days from the day you're cited for a DUI charge to request an administrative driver’s license hearing with the Utah Drivers License Division.  If you prevail at this hearing and are able to convince the hearing officer that you were arrested for DUI without the arresting officer having reasonable grounds to believe that you were DUI as a result of the arresting officer’s investigation, you may be able to protect and keep your driver’s license.  In Utah, a driver’s license can be suspended from 120 days to three years based on a DUI arrest.  

 The first step in defending a DUI charge is to determine whether the officer who made the initial stop of the vehicle had an objectively reasonable suspicion to believe that the driver of the vehicle violated any law.  In other words, that criminal activity might be at hand and further investigation is required.  If the stop was made without this required reasonable suspicion, you may be able to have the case dismissed.  

As part of a valid DUI charge, the officer, after making the initial stop, must, before placing you under arrest for a DUI, have an objective basis to show probable cause that you were driving under the influence of alcohol or drugs.  Probable cause exists if the facts and circumstances known to the officer provide an objective basis to believe that the driver of the vehicle has committed, is committing, or is attempting to commit a crime.  If this required probable cause is shown to be lacking, you may be able to have the evidence in the case suppressed and have the case dismissed.