02/17/2019
Hello, Glen Neeley here, Board Certified DUI Defense Attorney.
On December 31, 2018, the nation’s toughest DUI law goes into effect here in Utah. Starting December 31, Utah’s alcohol limit will be lowered from .08 to .05. There are three things you need to know about this law:
First, you will not have any indication that you are over the limit after a few drinks. From my experience, most people will not experience any impairment at .05. and will not know they are .05. That means, you will be taking a risk if you decide to drive after any amount of drinking.
Second, if you are pulled over and you make an admission of drinking alcohol or the officer smells alcohol, there is a very good chance you are going to find yourself facing a DUI Charge. The .05 law has now lessened the standard of the officer’s probable cause to arrest you for DUI. It’s my advice to not answer any of the officer’s questions regarding drinking. Be courteous and assert to the officer your right to not answer any questions or to remain silent. Simply state “I choose not to answer of your questions as it appears I’m under investigation, I would like a lawyer.”
Last, the penalties for a .05 DUI is exactly the same as if the law was .08. It’s very expensive. There is a minimum of two days jail or 48 hours community service, driver license suspension, ignition interlock requirement, alcohol restricted license, a substantial fine, substance abuse classes, probation, and this will stay on your record for 10 years.
My advice, if you have been drinking any amount of alcohol, is do not drive. Use driving services, friends, family, or simply walk. With this new law coming into effect, it will be harder to fight the charge.
We have been preparing to fight these charges aggressively for the past year. Now more than ever, it is important to hire the right lawyer to defend these cases. A DUI can affect every part of a person’s life including employment, family, careers, insurance, the ability to carry a concealed weapon, and the ability to travel to other Countries.
If you find yourself charged with a DUI, I’m here to help. Call me and I will personally talk to you about your case.
#.05DUI #.05 #.05Utah
