Utah DUI Attorney in Salt Lake - Sentencing

Utah Code 41-6a-505 - Mandatory Sentencing Requirements

Utah law imposes strict mandatory sentencing requirements for DUI convictions. With any DUI conviction, the court has discretion to impose the maximum potential sentence. But if probation is granted, the court must impose conditions that can include jail time, substantial fines, and more. If you are facing DUI prosecution in Utah, assistance from an experienced criminal defense attorney is important. Contact us now to arrange for a confidential consultation.

Following are some of the key mandatory sentencing provisions for a DUI conviction in Utah. The full sentencing provisions (current as of February 2019) of Utah Code 41-6a-505 are provided below.

Third Degree Felony DUI Mandatory Sentencing

A person convicted of a felony DUI faces a maximum penalty of up to five years in prison and a fine (including 90% surcharge) of up to $9,500. If the sentencing court chooses to suspend the prison term and grant the opportunity of probation, Utah DUI law still requires certain minimum mandatory sentencing provisions.

A sentencing judge in a felony DUI where probation is granted must still impose a minimum of 1,500 hours (62.5 days) of jail time (or electronically monitored home confinement). The court must also impose a fine of not less than $1,500 (plus surcharge). Probation in a felony DUI case must also be supervised. As a condition of probation, the probationer also must obtain a substance screening and assessment through a program providing intensive outpatient treatment or inpatient treatment, with "follow-through after treatment" (aftercare) of not less than 240 hours.

Second Misdemeanor DUI in 10 Years

A second misdemeanor DUI conviction within a 10-year period requires certain minimum sentencing conditions under Utah law. A sentencing court must impose a minimum of 240 hours, to be served either as jail time, community service, or electronically-monitored home confinement. The court must impose a fine of at least $800 (plus surcharge). A person placed on probation for a misdemeanor DUI charge must participate in substance abuse treatment or an educational series.

First Misdemeanor DUI Conviction in 10 Years

A first-time misdemeanor DUI conviction in Utah requires a sentencing judge to impose a minimum sentence of 48 hours, to be served as jail time, community service, or home confinement. The court must also order a fine of at least $700 (plus surcharge). If the court allows probation, the defendant must participate in a substance abuse screening and assessment as needed, and comply with recommended treatment or an educational series.

BAC .16 or More

In all Utah DUI cases where a person is convicted, and there is admissible evidence that the person had a blood alcohol level of 0.16 or higher, probation (if granted by the court) must be supervised probation. The court must also order (or explain on the record why such an order would not be appropriate) the following: treatment (as opposed to an educational series); and either an ignition interlock device, transdermal alcohol monitoring, or home confinement with electronic monitoring.

(NOTE - As of January 1, 2019, the legal limit in Utah was reduced from a BAC of 0.08 to 0.05. Although the 0.16 level for enhanced penalties was previously twice the legal limit, that 0.16 threshold was not affected by the 2019 change in the legal limit.)

Finding a Utah DUI Attorney in Salt Lake City

The consequences of a DUI conviction can be serious. Having an experienced criminal lawyer on your side can be critical. Contact us today to arrange for a confidential consultation.

First-Time DUI Sentencing

When sentencing a person who has been convicted for a first DUI offense, the court is required to make the following orders as part of the judgment:

• (A) impose a jail sentence of not less than 48 consecutive hours; or (B) require the individual to work in a compensatory-service work program for not less than 48 hours;
• order the individual to participate in a screening;
• order the individual to participate in an assessment, if it is found appropriate by a screening;
• order the individual to participate in an educational series if the court does not order substance abuse treatment;
• impose a fine of not less than $700;
• order probation for the individual in accordance with Section 41-6a-507, if there is admissible evidence that the individual had a blood alcohol level of .16 or higher;
• (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406; or(B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; or
• (A) order the individual to pay the towing and storage fees described in Section 72-9-603; or (B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party.

The court may also:

• order the individual to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate;
• order probation for the individual in accordance with Section 41-6a-507;
• order the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older; or
• order a combination of the above options.

Second DUI in 10 Years

For a defendant facing sentencing on a second DUI conviction within the statutory 10-year period, the following mandatory sentencing provisions apply:

• (A) impose a jail sentence of not less than 240 hours; or(B) impose a jail sentence of not less than 120 hours in addition to home confinement of not fewer than 720 consecutive hours through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506;
• order the individual to participate in a screening;
• order the individual to participate in an assessment, if it is found appropriate by a screening;
• order the individual to participate in an educational series if the court does not order substance abuse treatment;
• impose a fine of not less than $800;
• order probation for the individual in accordance with Section 41-6a-507;
• (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406; or (B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; or
• (A) order the individual to pay the towing and storage fees described in Section 72-9-603; or (B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party.

The court also has discretion to impose the following as part of its sentencing order.

• order the individual to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate;
• order the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older; or
• order a combination of the above options.

Felony DUI Conviction

A person convicted of a felony DUI may be sentenced to an indeterminate prison term. If the court chooses to suspend the prison term, the following mandatory sentencing requirements apply:

• a fine of not less than $1,500;
• a jail sentence of not less than 1,500 hours (62.5 days);
• supervised probation; and
• an order requiring the individual to obtain a screening and assessment for alcohol and substance abuse, and treatment as appropriate.
  

The court may also impose an order requiring the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older.

BAC of 0.16 or Greater

If a person is convicted of DUI and there is "admissible evidence" that the person had a BAC of 0.16 or greater, the court is required to impose conditions including treatment and one or more of the following conditions or state on the record why such conditions are not appropriate:

• installation of an ignition interlock system as a condition of probation for the individual in accordance with Section 41-6a-518;
• imposition of an ankle attached continuous transdermal alcohol monitoring device as a condition of probation for the individual; or
• imposition of home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.