In February 2020, a Utah House committee proposed changes to the state’s Driving Under the Influence (DUI) laws, mainly that people napping in the car at the time of the accident would be protected based on specific situations.
Apart from coping with injuries, disabilities, and loss of income, DUI victims have to take the pain of navigating through the complex and often-changing DUI laws in the state. A loose interpretation of these laws by inexperienced attorneys can work to the DUI victim’s disadvantage. White and Garner are experienced Utah drunk driving accident lawyers and we decided to write this article discussing some of the concepts that victims of drunk driving need to consider:
A. The Basics of Utah’s Drunk Driving Laws
The law prohibits all drivers with a Blood Alcohol Concentration (BAC) of 0.05% or higher from using a vehicle.
BAC is measured by administering a blood or breath test. Blood tests are regarded as painful and time-consuming, and therefore the police use portable breath analyzers to detect the BAC. If the arrested driver unlawfully refuses to take the breath or a blood test, Utah’s “implied consent” law kicks in and his license is immediately suspended for 18 months (if it is his first refusal). Second and subsequent refusals are likely to get his license revoked for up to 3 years per refusal.
Utah prescribes stiff penalties for DUI convictions: For the first offense, the driver’s license is revoked for 120 days, he faces mandatory jail time of up to 180 days, and is also fined. Harsher penalties are prescribed for second and subsequent offenses.
Motorists under the age of 21 are subject to Utah’s “not-a-drop” law, which makes it illegal for them to drive with any alcohol (detectable) inside their system.
B. Vehicle Passengers and the DUI Law
If the police find any alcohol bottles opened in the vehicle, then Utah’s “open container” laws kick in because no one in a vehicle is allowed to drink alcohol. Passengers, sober or intoxicated, whose conduct (maybe by motivating a drunk driver to indulge in rash driving) has caused an injury or death can also be charged with reckless endangerment, and convicted on a class A misdemeanor.
C. Here’s what Victims of a DUI Accident Should do
Three parties are directly connected to any vehicle accident – the legal enforcement department, the personal injury lawyer, and the insurance company.
As per Utah laws, any person (driver or passenger) involved in a car accident where a driver was under the influence of alcohol or drugs is obligated to report it if he witnesses any injury, death, or property damage.
If the person reporting the accident believes he is involved in a drunk driving accident, he should immediately inform the police about it. The police can then perform a BAC (or blood) test and obtain evidence that can help him prove that the other driver indulged in unsafe driving.
The next step would be to call an experienced and successful Utah personal injury attorney and give him all the details – and ask for instructions on what to do next. This is important because common folks are not aware of the latest laws and judgments, and an experienced lawyer can precisely guide them on the next steps depending upon the situation and the details provided to him.
If the other driver pressurizes you to settle out of insurance, it implies they are repeat offenders. Be wary of settling.
Utah’s no-fault insurance law is designed to eliminate the costs involved with claims and legal cases. However, if the treatment of your injuries exceeds $3,000, or the accident disables you, a claim can be filed against the other driver. The Utah lawyer’s at White and Garner can guide you about the course of action.
OFFER: A No-Cost Consultation with an Experienced Utah Drunk Driving Accident Attorney
If you or your family or friends have been injured in a DUI accident, talk to us. We can help you understand how to claim compensation for you or your loved ones. Know that the DUI laws are tricky and subject to changes and interpretations – as you read about it in the opening paragraphs.
Therefore, you need an experienced lawyer with a successful track record of resolving DUI cases. And that’s us.
For a free case review, just pick up the phone and call: 801-849-9300.
