When Prosecutors Make DUI a Felony, A Somber Matter Becomes Even More Serious.
All DUI charges in Utah are severe matters with serious penalties. Still, when Utah law and Salt Lake County prosecutors make DUI a felony, the consequences of a conviction are exponentially harsher. Utah imposes severe punishments for DUI, which is unsurprising, given that the state has the lowest legal blood alcohol content (BAC) level in the nation, at 0.5% (compared to most other states’ 0.8%).
Most DUIs, especially first-time DUIs, are misdemeanor offenses in Utah. But, if you have a prior conviction for DUI on your record, you seriously injured or killed someone when you were driving under the influence, had an extremely high BAC level, or had a combination of two or more controlled substances in your bloodstream, you will likely face felony charges.
If you have been charged with felony DUI, you need an expert Salt Lake City drunk driving defense attorney. Here is what you need to know about what makes a DUI a felony in Utah and the potential consequences that await you if convicted.
See More: Protect Your Rights -The Importance of Hiring a Skilled DUI Attorney in Salt Lake City
DUI In Utah Defined
According to Utah state law 41-6a-502, a DUI in Utah depends on several sets of conditions that decide the severity of the charges. Whether you are ultimately charged with a misdemeanor or a felony, a person commits the criminal offense of driving under the influence in Utah if they operate or are in physical control of a vehicle and they:
- Have sufficient alcohol in their body that a subsequent chemical test shows that they have a blood or breath alcohol concentration (BAC) of .05 grams or greater at the time of the test;
- Are under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders them incapable of safely operating a vehicle; or
- Possess a blood or breath alcohol concentration (BAC) of .05 grams or greater at the time of operating or being in control of a motor vehicle.
What Makes a DUI a Felony In Utah?
As noted, most DUIs in Utah are charged as either a Class A or Class B misdemeanor. But you will face a charge of third-degree felony DUI if:
- This is your third or subsequent DUI offense within ten years;
- You caused severe bodily injury while driving under the influence; or
- You have prior felony DUI convictions or automobile homicide convictions.
Notably, a driver can be charged with a separate offense for each person who is gravely injured, or dies, whether or not the injuries arise from the same episode of driving.
Related: What Are The Consequences of a First-Time DUI In Salt Lake County?
Penalties For Third-Degree Felony DUI In Utah
Suppose Salt Lake County prosecutors obtain a conviction against you for a third-degree DUI felony. In that case, you face a wide range of severe consequences that will impact your freedom, your wallet, and your ability to drive. Specifically, a judge is required to impose the following punishments on an adult driver convicted of third-degree felony DUI:
- Jail time: zero to five years in prison, OR 60 days jail and 60 days of consecutive house arrest that includes substance abuse testing.
- Fines and fees: $1,500 minimum fine plus a $1,350 surcharge and a $53 court security fee, UNLESS the judge imposes a zero to five-year prison term.
- Screening and treatment: Substance abuse screening, assessment, and treatment as appropriate UNLESS the judge imposes a prison term.
- Ignition interlock: Required UNLESS the court states on the official record that an ignition interlock system is not necessary and is in the best interest of justice.
- Driver’s license suspension: Two years.
Third-Degree Felony “Plus”
As serious as the situation is when prosecutors consider your DUI a felony, the penalties become even more harsh if you are convicted of third-degree felony “plus” DUI. You’ll face this charge and its accompanying consequences if:
- Your BAC was 0.16 or higher,
- Your BAC was 0.05 or higher, and you had any measurable controlled substance in your system or
- There was a combination of two or more substances in your system.
If convicted of this felony offense, you face all of the same penalties of a regular third-degree DUI felony, but you could also be put behind bars for a more extended period. If the judge does not impose prison time, they are required to sentence you to a minimum of 120 days in jail along with 120 days of consecutive electronic home confinement that includes substance abuse testing.
See More: The 5 Most Successful DUI Defenses
If You Face Felony DUI Charges, You Need a Defense Attorney Who Knows What’s At Stake
If you’ve been arrested for a felony DUI in Salt Lake City, you face immediate challenges and severe long-term consequences if you are convicted. What makes DUI a felony in Utah is a serious matter you should not face alone. When facing a DUI felony, it is not the time to go it alone, and it’s not the time to put your future in just anybody’s hands. The Salt Lake City and Utah County DUI defense attorneys at Intermountain Criminal Defense have a long record of successful results in DUI and DWI cases and work tirelessly to obtain the best possible outcome in every case. Contact Intermountain Criminal Defense today to arrange for your free initial consultation.
