Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Veteran Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409 now for help protecting your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Utah DUI Attorney Salt Lake - Utah Code 41-6a-503

What are the potential penalties for DUI conviction in Utah?

DUI Lawyer Salt Lake City, UtahDepending on the circumstances, DUI charges in Utah can typically be filed as class B misdemeanors, class A misdemeanors, or third-degree felonies. The potential penalties associated with a DUI charge can vary greatly depending on the level of the offense.

If you are facing prosecution for DUI in Utah, it is important to understand your rights as well as the potential penalties. It is also critical to have the assistance of an experienced defense attorney. Based in Salt Lake City, criminal defense attorney Stephen Howard provides legal services to clients throughout Utah. Contact us now to arrange for a confidential consultation.

Utah Code 41-6a-503 - Penalties for Driving Under the Influence

Third-Degree Felony DUI

A Utah DUI charge can be filed as a third-degree felony if:

  • the defendant has two or more prior convictions within 10 years for DUI, Impaired Driving, Alcohol-Related or Drug-Related Reckless Driving, or Driving with a Measurable Controlled Substance or Metabolite;
  • the defendant negligently caused an accident that resulted in serious bodily injury to another person (injury to the defendant alone does not provide grounds for a felony DUI enhancement);
  • the defendant has been previously convicted of automobile homicide under Utah Code 76-5-207; or
  • the defendant has been previously convicted of a felony DUI (even if the felony was subsequently reduced to a misdemeanor under Utah Code 76-3-402).
If serious injury forms the basis for the felony DUI enhancement, then a separate charge can be filed against a defendant for each individual who is injured as a result of the Defendant's negligent operation of a vehicle. This means, for example, that if three other people receive serious injuries in a DUI-related accident, the driver may face three separate felony DUI charges.

A third degree felony DUI is punishable by up to five years in prison and $9,500 (fine plus surcharge). In addition, a court may order the defendant to pay restitution for the costs of any damage or injuries caused as a result of the defendant's criminal conduct. Payment of restitution can be made a condition of probation (if probation is granted), or may be monitored by the Board of Pardons and Parole following the defendant's release from prison.

Class A Misdemeanor DUI

A DUI charge in Utah can be filed as a class A misdemeanor if:

  • the defendant operated the vehicle in a negligent manner and caused "bodily injury" (less serious than a "serious" injury) to another person (injury to the defendant alone will not support this enhancement);
  • the defendant was older than 21 years of age and had a passenger under the age of 18 in the vehicle at the time the DUI offense was committed; or
  • the defendant (regardless of the defendant's age) had a passenger under the age of 16 in the vehicle at the time of the offense.
If injury serves as the basis for this enhancement, a separate class A misdemeanor can be filed for each person injured as a result of the defendant's conduct.

Penalties for a class A misdemeanor DUI can be up to one year in jail plus $4,750 (fine and surcharge). Restitution may also be ordered as a condition of probation (if probation is granted). If the full jail term is ordered, restitution may still be ordered but will normally be collected through the State Office of Debt Collection.

Class B Misdemeanor DUI

DUI charges in Utah begin at the level of a class B misdemeanor if no enhancements apply. If no circumstances exist to support an enhanced DUI, the charge should be filed as a class B misdemeanor.

The maximum penalty for a class B misdemeanor DUI is six months in jail and a fine (including surcharge) of up to $1,900. Restitution may also be ordered for any damages caused by the defendant's criminal conduct.

Collateral Consquences of a Utah DUI Conviction

In addition to potential jail time, prison time, and thousands of dollars in court fines, a DUI conviction in Utah can carry other collateral consequences. These can include a driver license suspension, ignition interlock device requirements, and increased insurance premiums.

A DUI conviction also requires an extended waiting period before it may be eligible for expungement. While an ordinary class B misdemeanor is eligible for expungement after a four-year waiting period, a class B misdemeanor DUI conviction requires a ten-year waiting period. A felony DUI conviction is not eligible for expungement, even after ten years, unless a reduction of the level of offense is granted under Utah Code 76-3-402.

Finding a Utah DUI Attorney in Salt Lake

Utah Criminal LawyerIf you have been arrested or received a citation for a DUI charge in Utah, having the assistance of an experienced criminal defense attorney can be vital to your case. In addition to the maximum penalties discussed in this page, certain minimum mandatory sentencing requirements apply to DUI convictions in Utah. Criminal lawyer Stephen Howard has successfully defended his clients' rights in many serious felony and misdemeanor prosecutions. He has a track record of achieving real results.

Based in Salt Lake City, Mr. Howard provides legal services to clients throughout Utah. Contact us today to arrange for a confidential consultation.

RELATED CRIMINAL DEFENSE TOPICS


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Drug Crimes Defense Attorney Utah 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.
  • Utah 402 Reduction Attorney 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.
  • Violent Crimes Assalt Defense UtahDismissed at Preliminary Hearing - Client charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
Best Utah Criminal Defense Strategy

Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....

Experience »
Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

Consequences »
Utah Criminal Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

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

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.