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Sitake & Wright, Helping Utah Residents Navigate the Aftermath of a DUI Arrest

Getting arrested for driving under the influence of drugs or alcohol can have a long-lasting impact on your life if not handled correctly. In addition to criminal charges, you could face thousands of dollars in fines and fees, the possibility of jail or prison time, the suspension of your driver’s license and even the loss of your job.


At Sitake & Wright, we have handled over a thousand DUI cases. We fight to get your case dismissed if the officer has made unconstitutional mistakes in the investigation. We fight to keep your driving privileges intact. We fight for the best resolution you can live with to move on with as little disruption to your life.


Don’t hesitate to get the help you need to fight your DUI case. Often times, the cost of an effective attorney to fight your case could save you money in the long run. Call Sitake & Wright today for a free consultation.

Timing is Critical

Don’t Further Compromise Your Future by Missing Important Deadlines

At the time of your arrest, the police officer should have informed you about these two important deadlines.

10 Day Deadline

If you fail to request a hearing with the Drivers License Division within 10 Calendar Days, your license will be automatically suspended, even if the officer made mistakes in your case. There is little that can be done AFTER that 10-day period has passed. Suspension of your license can range from 120 days to three years. Call now for a free consultation on how we can handle your driver's license hearing.

5-14 Day Deadline

Once cited for a misdemeanor DUI, you have “No Less Than 5, No More Than 14” days to contact the court listed on the citation. If you don’t call to schedule your court date or you fail to attend, the court will issue a warrant for your arrest. Often times these hearings are short and quick, but if you don’t have an attorney, you’ll likely waste hours of your day waiting for your case to be called.

What is “Implied Consent” and how does it work with Chemical Testing?

Implied Consent

Because the law views driving as a privilege and not a constitutional right, the law assumes that, as a driver, you will submit to whatever test an officer administers to you while investigating a DUI. After a DUI arrest has been made, Utah’s implied consent law requires that you submit to a breath test by blowing into a machine at the police station or jail booking. “Refusal” to submit to this test will result in an 18-month suspension of your driver’s license AND the officer will likely get a search warrant to draw your blood anyways.

Intoxylizer Breath Test & Blood and Urine Chemical Testing

At the time of the arrest, the officer will read a script in which you are asked to submit to a breath test by blowing into a machine called an Intoxylizer, or by submitting blood and urine samples. If you fail to submit to the chemical testing, the officer will read to you what is called a, “refusal admonishment,” where it is explained that your right to remain silent and your right to have an attorney does not apply because of the implied consent law in Utah.


If you refuse tests after this “admonishment” your driver’s license will be immediately revoked, and you will be issued a 29-day temporary permit and you can challenge the suspension of your driver’s license if you request a hearing within 10 days.

Possible DUI Penalties in Utah

First-Time DUI Offense – Class B Misdemeanor

Even first-time DUI penalties can be severe. It includes 2 days in jail or 48 hours of community service. A $1460 court fine. Suspension of your driver’s license for 120 days. A drug and/or alcohol assessment, with a requirement to complete the recommended treatment. The judge also has the discretion to order supervised probation, treatment, ignition interlock device on your vehicle, 24/7 transdermal alcohol ankle monitor, or even additional suspension of your driver’s license up to two (2) years.

Second-Time DUI Offense – Class B Misdemeanor (within 10 years)

Penalties on a second DUI offense become even more severe. 10 consecutive days in jail or five (5) consecutive days in jail AND 30 days on GPS ankle monitor. A $1460 court fine. Ignition interlock device on your vehicle is now a requirement. A drug and/or alcohol assessment, with a requirement to complete the recommended treatment. Suspension of your driver’s license for a minimum of two years. The judge also has the discretion to order supervised probation, treatment, and/or transdermal alcohol ankle monitor.

Third DUI Offense – Third Degree Felony (within 10 years)

Felony DUI is very serious, and the penalties are steep, including a sentence to prison or at the very least, 62.5 days in jail. There is a minimum of $1500 fine plus $1350 surcharge fee. Supervised probation through a provider such as Adult Probation and Parole. Suspension of your driver’s license for two (2) years. Ignition interlock device. Court-ordered treatment for alcohol or substance abuse.

How to Fight Your DUI Case

Sitake & Wright will Fight your DUI case at each level

  • Civil hearings with the Driver’s License Division.

    • We will attend the DLD hearing and question the officer that arrested you. We look for holes in the case and find ways to beat it.

  • Careful review of the police officers’ procedures, conduct, and investigation.

    • Reviewing the police reports by our expert attorneys, especially a former prosecutor, who've been trained to know what procedures and standards have to be closely followed. We inspect all stages of the investigation from the constitutionality of the traffic stop to the field sobriety tests. We have the experience and knowledge to fight it.​

  • Challenging the Chemical Tests to ensure all protocol was followed correctly.

    • There are strict standards and procedures that need to be followed before you can blow into the machine for a breath test. Allow our expert attorneys to verify these standards have been met. ​

  • Negotiating a favorable settlement catered to your specific needs.

    • Our attorneys know and understand the complexity of the DUI sentencing matrix and all the statutory requirements each criminal charge will have. We know how to best preserve your Driving Privileges, Avoid Jail, Reduce ​Fines, and help you move on with life.

  • Assessment on whether a jury trial would be beneficial for your case.

    • Our attorneys have a track record of success and know how to present your case to a jury of your peers. ​

Call for a Free Consultation & Pricing on your DUI case

Don’t Let a DUI Further Jeopardize Your Future

A DUI doesn’t just end with criminal charges, fines, and a suspension of your driver’s license; it creates a criminal record that can impact employment, credit score, credit applications, insurance premiums (on health and auto), etc.


A DUI may also have negative immigration consequences, may disqualify an individual from enlisting in the armed forces, and possibly impact your ability to work in public service. As soon as you are charged with a DUI, do not hesitate to call Sitake & Wright at (801) 865-6087 or (801)882-5490 for a free initial consultation and pricing on your DUI case.

DUI Expungement

First-time DUIs can become eligible for expungement after 10 years from the date of your completed sentencing. That means, if you’re placed on supervised probation and have fines and fees to pay towards your case, the 10-year clock doesn’t begin to run till you’ve completed all aspects of your case, which is often two years down the road from the beginning of your case.


DUI expungement can be a complex procedural process. At Sitake & Wright, we have the knowledge and expertise to help you process your expungement in the fastest way possible. We understand notice requirements the prosecutor must give to possible victims and can handle any possible legal objection the prosecutor may make. Call Sitake & Wright to see how we can help you.

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