What exactly is a high BAC DUI in Utah?
A high BAC DUI in Utah is determined on a court by court and prosecutor by prosecutor basis. Each city and county prosecutor office will have its office policy relating to how the prosecutor will approach a DUI. Most jurisdictions will negotiate on DUIs where the BAC is between .08 and .12. Some will only negotiate when the BAC is between .08 and 10. Only a handful of jurisdictions will not deal at all for anything over a .08.
Nearly all jurisdictions consider a BAC over .15 to be a high BAC but every once in a while you can find a prosecutor who is still willing to work with you all the way up to a .20. Those, however, are few and far between. So, a simple and general answer to the question of what is considered a high BAC is typically anything over .15. We have had a lot of DUIs way beyond even the .15 including several at a level which scientifically meant that client should have been dead or at least comatose. Additionally, a high BAC DUI in Utah is often times coupled with alcoholism.
Why Does a High BAC Matter?
How high your BAC is matters for several reasons including the reason explained above relating to whether a prosecutor will negotiate a deal with you. Another important reason why the BAC level matters is because statutorily there are greater penalties for those with a BAC over .16. Those sanctions must include one or more of the following:
- Ignition interlock device installed in your car;
- Alcohol monitoring device worn on the ankle;
- Home confinement with electronic monitoring.
In addition to the statutorily required increased sanctions, a higher BAC is likely to cause the judge to exercise his discretion to impose additional penalties including awarding an increased amount of jail time. Many judges will award 48 hours of community service for a first time DUI, but if the BAC is very high those same judges will award jail time. They view the high BAC as evidence that that defendant is extra irresponsible.
For the premiere Utah DUI Lawyer call Salcido Law Firm. To find out more about how a high BAC DUI in Utah may affect your case, call our attorneys at 801.413.1753 for a free consultation .
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