When facing DUI charges in Utah, you have the choice of taking the case to trial or pursuing a negotiated resolution. Both options should be considered and explored. In some cases, a negotiated plea to a reduced charge of Impaired Driving may provide a better outcome. An experienced criminal defense attorney can help you determine which option is best for you.
What are the advantages of an Impaired Driving plea?
A reduced charge of Impaired Driving under Utah Code 41-6a-502.5 presents one option for resolving a DUI case. A negotiated plea to a charge of Impaired Driving does not have the same minimum mandatory sentencing requirements that a Utah DUI charge carries. A plea to Impaired Driving in Utah also avoids the driver license suspension that accompanies a conviction for DUI.
The best defense attorneys ask questions that police don’t.
What is Impaired Driving?
Impaired Driving is not a charge that can be independently filed against in a Utah criminal case. It is a charge that can only result from negotiations with the prosecutor and the agreement of the court. A charge of Impaired Driving does not have its own independent set of elements. Rather, a conviction for Impaired Driving may be considered as a reduced form of a full DUI under Utah Code 41-6a-502.
When is a plea to Impaired Driving an option?
In order to obtain a negotiated plea to Impaired Driving in Utah, a person must be charged with DUI under Utah Code Ann. 41-6a-502. A person may either have their misdemeanor DUI conviction reduced to an Impaired Driving upon the completion of probation, or a person may be allowed to enter a plea to the reduced Impaired Driving with the agreement of the prosecutor and if the court determines that allowing the plea is in the interest of justice.
Choosing an Attorney
If you have been charged with a DUI in Utah, consultation with an experienced criminal defense attorney is the best way to determine the the right way to handle your case.
The best attorneys understand your case involves more than just what happens in court.
Contact us today to schedule an initial consultation.
