Utah DUI Attorney Salt Lake
- Utah Code 41-6a-503
What are the potential penalties for DUI conviction in Utah?

Depending
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

If
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.
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