Hiring a DUI Lawyer in Utah

What a first DUI can cost in Utah, how criminal lawyers charge, your right to a public defender, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.

What a lawyer costs in Utah: fee rules

Rules on contingency fees	Under Utah Rule of Professional Conduct 1.5(c) (Supreme Court Rules of Professional Practice, Rule 3-1.5), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. Source: Utah Rules of Professional Conduct, Rule 1.5(c)-(d) (SCRP 3-1.5, eff. May 1, 2021)
If you disagree with a lawyer's bill	The Utah State Bar's Fee Dispute Resolution Program handles fee disputes between clients and attorneys practicing in Utah, by mediation or binding arbitration. Participation is voluntary; the bar cannot force either side into binding arbitration, and both attorney and client must sign the petition. Binding arbitration has a $10.00 filing fee, and the decision is final except on narrow grounds. Disputes under $10,000 are heard by one lawyer, though for amounts between $7,500 and $10,000 the petitioner may choose a three-member panel. Mail the notarized Fee Dispute Petition Form and Agreement Form, marked "personal and confidential," to Utah State Bar Fee Dispute, 645 South 200 East, Salt Lake City, Utah 84111; questions: feearbitration@utahbar.org. Source: Utah State Bar, Fee Dispute Resolution Program
If a lawyer takes your money	The Utah State Bar's Lawyers' Fund for Client Protection reimburses losses caused by the dishonest conduct of lawyers and licensed paralegal practitioners licensed in Utah, arising from a lawyer-client, LPP-client or fiduciary relationship. Assigned claims, third-party claims and certain Ponzi or pyramid-scheme investment losses are excluded. File within one year after the date of the final order of discipline, the lawyer's death, or the order of disability; procedures and the claim form are in Rule 4-911. Source: Utah State Bar, Fund for Client Protection

Utah rules to know first

First-offense DUI penalties	A first DUI is generally a class B misdemeanor (class A in some situations, such as having a passenger under 16). For a first conviction, the court must impose at least two days in jail or at least 48 hours of compensatory service, a fine of at least $700, a screening (and an assessment if appropriate), an educational series or treatment, and impound and towing fees; it may order probation, a 24-7 sobriety program, or treatment. For an 'extreme DUI' (as defined in Utah Code § 41-6a-501), at least five days in jail (or two days plus 30 days of electronically monitored home confinement), a fine of at least $700, and an ignition interlock unless the court finds it unnecessary. Separately, the Driver License Division suspends the license of a driver 21 or older for 120 days for a first offense. Source: Utah Code §§ 41-6a-502(2), 41-6a-505(1), (3), 53-3-223
Refusing a breath test	A driver who refuses a requested chemical test after a warning faces license revocation: 18 months for a driver 21 or older (36 months with a prior qualifying offense within 10 years); for a driver under 21, until age 21 or two years, whichever is longer (36 months with a prior). Refusal can also bring criminal prosecution, a five- or ten-year 'no alcohol' driving restriction, and a two-year ignition interlock requirement. The officer gives notice of intent to revoke within 24 hours of the arrest. Source: Utah Code §§ 41-6a-520, 41-6a-521

First-offense DUI penalties

A first DUI is generally a class B misdemeanor (class A in some situations, such as having a passenger under 16). For a first conviction, the court must impose at least two days in jail or at least 48 hours of compensatory service, a fine of at least $700, a screening (and an assessment if appropriate), an educational series or treatment, and impound and towing fees; it may order probation, a 24-7 sobriety program, or treatment. For an 'extreme DUI' (as defined in Utah Code § 41-6a-501), at least five days in jail (or two days plus 30 days of electronically monitored home confinement), a fine of at least $700, and an ignition interlock unless the court finds it unnecessary. Separately, the Driver License Division suspends the license of a driver 21 or older for 120 days for a first offense.

Source: Utah Code §§ 41-6a-502(2), 41-6a-505(1), (3), 53-3-223

Refusing a breath test

A driver who refuses a requested chemical test after a warning faces license revocation: 18 months for a driver 21 or older (36 months with a prior qualifying offense within 10 years); for a driver under 21, until age 21 or two years, whichever is longer (36 months with a prior). Refusal can also bring criminal prosecution, a five- or ten-year 'no alcohol' driving restriction, and a two-year ignition interlock requirement. The officer gives notice of intent to revoke within 24 hours of the arrest.

Source: Utah Code §§ 41-6a-520, 41-6a-521

Full Utah guide

Find and check a lawyer

Lawyer referral service	The Utah State Bar's Get Legal Help page points the public to LicensedLawyer, to learn about licensed Utah lawyers in good standing, and to the Utah State Bar's Modest Means Lawyer Referral Program for reduced-rate help (income qualification required). Source: Utah State Bar, Get Legal Help
Check that the lawyer is licensed	Utah's Office of Professional Conduct points the public to the Utah State Bar's Licensed Lawyer website (licensedlawyer.org) to look up Utah lawyers; its online complaint form also includes a Search Attorney Database tool. Source: Utah Office of Professional Conduct, File a Complaint
Check discipline history or file a complaint	The Utah Office of Professional Conduct (OPC), charged by the Utah Supreme Court with investigating possible grounds for discipline of lawyers and licensed paralegal practitioners, is no longer part of the Utah State Bar. File a complaint with the OPC's online form, or print the fillable form and mail it. An OPC attorney reviews it and investigates if it suggests rule violations; typical timelines for cases not dismissed are about 150 days for initial investigation, 120 days for follow-up, and 90 days for the screening panel. The information you provide is shared with the lawyer; anonymous complaints and complaints against a whole firm are not accepted, and a filed complaint cannot be withdrawn. The process does not provide reimbursement. Public discipline can be searched in the OPC's Attorney Public Discipline list. Public discipline: https://www.opcutah.org/lawyer-public-discipline/ Source: Utah Office of Professional Conduct

Free legal help

Free legal aid	The Utah State Courts' Self-Help Center provides free legal help to people without a lawyer: staff attorneys answer questions about the law, court process and options, help with court forms, and give information about legal aid, pro bono and low-cost services and lawyer referral (they cannot give legal advice or represent you). Contact it by email at selfhelp@utcourts.gov or the toll-free help line 888-683-0009 (Monday-Friday, 11:00 am-5:00 pm). Utah Legal Services provides civil legal aid without cost to people who cannot afford a lawyer (apply online), and LSC lists it as its Utah grantee. Utah Legal Services: https://www.utahlegalservices.org/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees Source: Utah State Courts, Self-Help Center; Utah Legal Services; Legal Services Corporation, Our Grantees

Free legal aid

The Utah State Courts' Self-Help Center provides free legal help to people without a lawyer: staff attorneys answer questions about the law, court process and options, help with court forms, and give information about legal aid, pro bono and low-cost services and lawyer referral (they cannot give legal advice or represent you). Contact it by email at selfhelp@utcourts.gov or the toll-free help line 888-683-0009 (Monday-Friday, 11:00 am-5:00 pm). Utah Legal Services provides civil legal aid without cost to people who cannot afford a lawyer (apply online), and LSC lists it as its Utah grantee.

Utah Legal Services: https://www.utahlegalservices.org/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees

Source: Utah State Courts, Self-Help Center; Utah Legal Services; Legal Services Corporation, Our Grantees

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.