Do DUI Clients Ever Forget About Prior Charges Or Convictions?
Sometimes people do forget that they had a prior DUI conviction from many years ago. At times the record that the prosecutors provide is not always accurate. Therefore, even if it is not always accurate, when the prosecutor is calling it a first offense and it is not, Attorney Nebeker doesn’t challenge him on that. If it does come up later on, in those situations we just explain to the judge, “Judge, we are all under the assumption and the client may have been as well.”
A lot of times when it goes back that far we do ask the client about it. Sometimes they really can’t remember or thought it was dismissed or thought it was reduced down to a public intoxication. It is usually not too big of a deal for most judges.
Can A Prior DUI Arrest Which Was Dismissed Impact A Current DUI Case?
No, a prior charge that was dismissed would not have any legal impact on a current charge or conviction if the client was going through the sentencing phase on the current charge. Under the law a judge can’t hold any prior charge that was dismissed or dropped against a person and they, for the most part, need to follow the laws as far as the sentencing statute that’s currently in place.
What Are The Potential Penalties Associated With A Felony DUI Conviction?
In Utah the worst sentence that you can get for a felony DUI conviction is zero to five years in prison where they don’t put you on probation or give you any fines. If the judge doesn’t send the driver to prison and does put him on probation, the minimum jail time the court has to impose is sixty-two and a half days in jail. The judge has no other option around that, other than to convert that to home confinement. However, Attorney Nebeker doesn’t see very many judges converting the jail time on a felony to home confinement unless there are real health issues with the convicted person. Most of the time you see the sixty-two and a half days in jail, a fine, treatment including counseling and probation for up to three years.
That’s typically what most people are concerned with on the felony level DUI is if they are going to go to prison. If not, they are then worried about how much jail they are going to get.
What Are The Driver’s License Ramifications Of A Felony DUI?
You are still entitled to the administrative hearing with the driver’s license division on a felony DUI. However, if you are convicted, since it’s what they call a second or subsequent offense in this case, it would be the third degree felony and a driver would lose their license for two years. However, if a person refused to submit to the chemical test, and it’s considered a refusal by the driver’s license division, then they will lose their license for three years.
For more information on Prior DUI Arrests In Utah, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 309-6966 today.