Friday, June 8, 2018

Drive It Like You Stole It

One of the most serious consequences of a DUI conviction is the drivers license suspension.  Typically a DUI based suspension will last 120 days. During those four months the DUI recipient cannot drive. There are no exceptions for work, school, or other worthwhile activities. 

For my clients who live and work in the city, where public transportation is available, and Ubers and Lyfts are abundant, the four month suspension is an irritation that can be managed. My rural clients, however, who commute to work, don’t have it so easy. If car pooling is not an option they often impose on family members to drive them around. When that is not an option, some lose their jobs. 

When faced with possible job loss, some clients make the poor decision to drive in spite of their suspension. This is a bad idea on many levels. First, it is a crime, a class B misdemeanor, if the same severity as the DUI, punishable by up to six months of jail. Second, if caught, their drivers license will be suspended for an additional year for each time they are caught, even if they are not convicted of the new offense. It is far better to not drive on the suspended license. Those who reject this advice had better drive the speed limit, have their vehicle registered, and make sure their vehicle has no equipment issues. 

Some say “drive it like you stole it” is slang for driving reckless and fast. I disagree. When you drive a vehicle in violation of the law, whether because it is stolen, or the driver’s license is suspended, drawing attention to the vehicle is the last thing you want to do. Looking over you shoulder is no way to live. If you could wait 16 years to drive, you can wait 4 months.

Tuesday, May 22, 2018

Utah's New DUI Blood Alcohol Law

The  final countdown has begun.  On December 30, 2018, ironically the day  before New Years Eve, Utah will become the only state to classify  driving under the influence of alcohol (DUI) as beginning at a .05%  blood alcohol content (BAC).  It will be the lowest BAC to get a DUI in  the country.
Many erroneously believe that the  .05% BAC for DUI's in Utah is already in effect.  That's because the  Utah legislature passed the law changing the BAC from .08% to .05% for a  presumptive DUI way back in 2017.  If the legislature passed the law,  and it is a good idea, some wonder why Utah would wait almost two years  to put the law into effect.

Utah DUIThe Utah Department of Public Safety (DPS) has begun an  education campaign promoting the upcoming change.  That campaign advises  that between 2006 and 2015 there were 23 fatal crashes in Utah  involving a BAC between a .05 and a.07, thus justifying the downward  departure from the .08% BAC national standard.  DPS also reminds us that  in the 1990's Utah was the first in the nation to lower the BAC  presumptive DUI from the national norm of .10% to a .08% BAC, and Utah  is leading the charge again.
Utah is not the  first in the world to change the DUI presumptive level to a .05%.   European nations beat Utah to that honor, and to their credit, they saw  an 8-12% reduction in DUI related fatalities after the change.  A  similar reduction was seen in the United States when the presumptive DUI  level was reduced from .10% BAC to .08% BAC.
The  bottom line is that a person who drinks alcohol is going to have to  drink a lot less if they want to legally drive.  DPS's suggestion is  that if you drink, don't drive, though that is not the law . . . yet.   Because everyone's metabolism is different, getting to a .05% BAC could  result from one to four alcoholic beverages within a two hour period.  A  person may not even be feeling the effects of the alcohol and still be  at a .05%.  
This upcoming New Years Eve, if  you drink, please do so responsibly.  Have a sober designated driver, or  call a Lyft, Uber, or taxi when are done celebrating.  If you do decide  to drive after drinking, you will likely be doing so in violation of  Utah's new law.  Law enforcement will be out in force that night hosting  their own celebration of the new law that makes their jobs easier.  If  you encounter one of them, be polite, do the best you can in the field  sobriety tests, and call Ed Jones,an expert DUI lawyer as soon as possible. or