How can a DUI charge be enhanced in Utah?
Under Utah criminal law, a first DUI begins at the class B misdemeanor level, with consequences that can include up to 180 days in jail, along with fines, probation conditions, driver license suspension, increased insurance costs, and more. Under some conditions, Utah DUI law provides for enhancements based on either your prior record or on the conditions of the current charge.The most serious Utah DUI enhancement is imposed if you are driving under the influence of alcohol and/or drugs and negligently cause the death of another person. If someone dies as a result of your drunk driving in Utah, you can be charged with felony automobile homicide.
Another felony DUI enhancement is possible under Utah law if you are charged with DUI for a third time in a ten year period. Although not usually considered as serious as felony automobile homicide, a felony DUI enhancement based on prior convictions still carries a high risk of prison time.
Under Utah DUI law, a misdemeanor DUI charge can also be enhanced to a felony level if you are involved in a DUI-related accident in which you negligently cause a "serious bodily injury" to another person. "Serious bodily injury" is defined as any bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. A DUI accident that results in any bodily injury that is less than "serious" can still be enhanced to a class A misdemeanor (punishable by up to one year in jail).
Utah DUI law also provides for an enhancement to a class A misdemeanor if you are charged with DUI and there is a minor passenger in the vehicle. (If you are over 21, this enhancement applies if the minor is under 18 years of age. If you are under 21, this enhancement applies if the minor is under 16 years of age.)
Utah's legislature has provided a number of ways that the penalties for a DUI charge can be enhanced. And most Utah prosecutors take these enhancements very seriously.
If you have been charged or accused of DUI in Utah, it is critical to have an experienced criminal defense attorney on your side. Salt Lake defense lawyer Stephen Howard has the experience, knowledge, and determination to help you get the results you need.
Contact us now to schedule an initial consultation on your case.
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Dismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
Dismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
Expungement - Worked to restore client's expungement eligibility through 402 reduction process, then filed successful expungement petitions in multiple courts obtaining expungement orders and clearing client's official criminal history.
Probation - Client
charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
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the case without returning to the state. . . .
Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....
Strategy »
Defending against a criminal prosecution in Utah is a job that has to be done right the first time. Choosing the right attorney to defend you can be the most important decision you make. Our attorneys have extensive experience handling some of the most serious felony and misdemeanor charges on the books in Utah. No matter what charges you are facing, we can help....
Experience »
In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....
Consequences »
Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
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