Interviewer: What about for commercial drivers? Do you deal with them, and so how is their story different from other people?
Brian Frees: For CDL drivers the consequences are much more serious. If the alcohol threshold is reduced to where you only need a .03 to be able to exceed the legal limit and it results in a suspension of your, driving privileges of CDL driver for 1 year under first offense. The Blood Alcohol limit is .03 for a CDL driver.
A CDL Driver Could Potentially Lose the Ability to Possess a Commercial License in the Event of a DUI Conviction
Interviewer: What would happen to someone who would lose CDL license or umm they have a penalty coming to them
Brian Frees: They potentially could lose their license or, their ability to have a commercial driver’s license.
A DUI Conviction Can Result in a Driver’s License Suspension Under the CDL Statute
Interviewer: What about if they were driving their car versus the commercial vehicle, is there any difference?
Brian Frees: If they are driving their personal vehicle, at the time and with the help of a defense attorney we can help prevent their punishment from being the same as the CDL punishment. But if they are convicted of a DUI offense. That can still result in a driver’s license suspension, under the CDL statute.
Minors Found to Be Driving Under the Influence Can Face DUI Like Consequences
Interviewer: What about for people that are under age, under 21, that re over 18, they are under 18? How does it compare to them,
Brian Frees: If you are under the age of 21, they you are caught driving with any measureable amount of alcohol that can result, a DUI like consequences we have what’s called, a not a drop left statute. If you are under the age of 21, you can be arrested for having, any measureable amount of alcohol in your system while your operating a vehicle. The potential consequences is that you could lose your license probably until you turn 21.
Aggravating Factors for a DUI Charge in the State of Utah
Interviewer: What are some factors that would aggravate or enhance a DUI charge, like, kids in the car, accident, bodily injury, etc.?
Brian Frees: DUI charges are class D misdemeanor, for a first offense. The way it can be enhanced is if there were children in a vehicle, if there was an accident involved, it could be increased to a class A misdemeanor, and then if you are, on multiple DUI’s, if you have your 3rd or more DUI’s, it can be charged as a felony,
The Look-back Period for DUI Charges in the State of Utah
Interviewer: What if you had one 10 years ago, will your next one be considered a second, or a first. and how long is the look back period?
Brian Frees: The look back period is date 10 years from when you released from probation, on the prior case, so if you get a DUI in in 2010 when you are charged with it. Then 2012 is when you’re done with all your consequences to the court, if you get a DUI within the next 10 years, from that 2012 date it can be charged as a second DUI.