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 alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • 402 Reduction Lawyer Utah 2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
  • Utah Burglary Attorney Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Utah Criminal Defense Strategy

The right criminal defense lawyer can work with you to develop a defense strategy designed to achieve the best results. Hiring a Utah criminal attorney with real courtroom experience and an in-depth understanding of the legal issues involved in defending against a criminal prosecution can help ensure the best...

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

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 »
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 Defense Attorney - Reasons to Hope

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....

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.