Man draws 2 days in jail for first DUI conviction

By Brooke Nelson

December 1, 2004 | Following a guilty plea to three Class B misdemeanor charges and one Class C misdemeanor, Raphael Lopez-Gonzales was sentenced to two days in jail and charged a fine of $1,325. Judge Thomas L. Willmore of the Utah 1st District Court handed down the sentence Tuesday afternoon.

Lopez, who was charged with two counts of driving under the influence, operating a vehicle without the insurance, and driving with the wrong class of license, was officially given 180 days of confinement but will only spend 48 hours in the county jail.

"As this is your first juvenile and adult arrest, I sentence you to 180 days in the county jail, and suspend 178 of them." Willmore said. "You will be released Thursday at 1:30."

As part of his sentence, Lopez will also be required to "maintain legitimate, full-time employment" and will be required to submit to warrantless searches and random urine tests. Lopez will also be required to undergo drug and alcohol counseling at the Bear River Health Clinic.

Willmore said he is willing to apply the money Lopez spends on counseling at the clinic towards the fine. Willmore also said Lopez will not be allowed to visit institutions where alcohol is the main menu item during his probationary status. Lopez, through an interpreter, asked if grocery stores where alcohol is sold were included. Willmore told him he was fine to shop at Wal-Mart or Albertson's but to stay away from bars and clubs.

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