Utah DUI Hidden Penalties that your Attorney May Not Tell You About

When a person is convicted of a DUI, generally, a Court will sentence a person.  The Court will address punishments, conditions of probation, and treatments.  For example, for a first time offense, a person normally and generally receives as sentence a fine of $1332, a Prime for Life alcohol treatment program, 48 hours community service or 2 days jail, and probation for 1 year.

There are some things that the Court does not advise the person and many people get surprised later on down the road.

No Concealed Weapons Permit

First, a person convicted of a DUI or an Alcohol Related Reckless is not aloud to have a concealed weapons permit.  In fact, a person convicted of any crime involving alcohol is not aloud to have a concealed weapons permit.  Utah Code Ann. Section 53-5-704 denies a person a concealed weapons permit if a person does not have a "good moral character."  That statute states as follows:

a) An applicant satisfactorily demonstrates good character if the applicant:
(i) has not been convicted of a felony;
(ii) has not been convicted of a crime of violence;
(iii) has not been convicted of an offense involving the use of alcohol;
(iv) has not been convicted of an offense involving the unlawful use of narcotics or other controlled substances;
(v) has not been convicted of an offense involving moral turpitude;
(vi) has not been convicted of an offense involving domestic violence;
(vii) has not been adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; and
(viii) is qualified to purchase and possess a firearm pursuant to Section 76-10-503 and federal law.

No Entrance into Canada

Second, the Court does not tell you that your travel will be restricted.  Canada will not allow a person that has been convicted of anything that would be a felony in Canada.  A DUI is a felony in Canada.  Lawrence Taylor wrote about this issue involving President George W. Bush.  The Immigration Act lists ways around this but expect a big hassle.

No Expungement for 10 Years

Third, normally a class B misdemeanor is expungeable after 3 years.  A qualified felony is expungeable after 7 years.  A class B DUI or Alcohol Related offense is not expungeable for 10 years.  The Courts will tell a person that the charge is enhanceable for 10 years, but seldom tell the person it is not expungeable for 10 years.  The Bureau of Criminal Identification gives the criteria.  Don’t be surprised if the statute is soon changed that the charge will never be expungeable.  Under the expungement statute, a DUI is worse than being a drug dealer!

Restricted Driver’s License

Finally, the Court does not tell the person any consequences with the person’s driver’s license.  A person convicted of DUI or Alcohol Related Reckless will have a Driver’s License (when it is returned after a suspension) that is restricted to driving without any alcohol in the person’s system.  Many people say no problem, I’m never going to drink again.  I’m saying, do not have mouth wash, cough syrup, or alcohol based breath sprays.  If an officer thinks he smells alcohol, plan on another class B misdemeanor and more consequences to your license.

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Posted in Utah DUI Sentencings
One comment on “Utah DUI Hidden Penalties that your Attorney May Not Tell You About
  1. cathie says:

    If I was picked up on a dui (reduced to reckless alcohol) but got a restricted license for two years, If I was picked up on Dec. 4 2005 when would the restriction be taken off my drivers license?

    Like

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