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 - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
Dismissed -
Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.
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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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