Fenton, MI DUI and OWI Law Firms & Lawyers

No. It is still a class B misdemeanor. Depending on the facts, there may be some difference to what I have written. But generally, you are facing The Utah Driver License Division and the Utah Courts will impose sanctions on a person for being arrested and/or convicted of driving under the influence. The Utah Driver License Division may impose sanctions based on the person's arrest. Additionally, the Utah Driver License Division will impose sanctions upon conviction. If convicted, Utah Courts will order mandatory sanctions. Additionally, there are a number of sanctions the Utah Courts may order.

I handle many DUI cases. If you passed the Field Sobriety Tests (FSTs) but failed the Breath Test (BT) at .08, you can certainly be charged for DUI. However, it sounds like a case I typically beat. That is no guarantee by any means since only the judge or jury makes the ultimate decision. However, only the lower of the two scores can be admitted into evidence, therefore in your case, the .08. This is technically a failure and a jury or judge can certainly find you guilty on this alone for the .08/Impaired Operation element of the DUI statute (in Massachusetts it is actually OUI, which is an acronym for Operating Under the Influence). I assume you were arrested in Massachusetts as you checked that off in your question.