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.

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....
Reasons to Hope
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