Is DUI a Felony in Utah?
In the state of Utah, Driving Under the Influence (DUI) is considered a serious offense, and the penalties can be severe. While DUI is typically classified as a misdemeanor, there are certain circumstances under which it can be upgraded to a felony.
Direct Answer:
In Utah, DUI is a felony if it meets certain criteria. These criteria include:
- The defendant has a prior DUI conviction within the past 10 years
- The defendant has a prior DUI conviction with a serious bodily injury or death
- The defendant has a prior DUI conviction with a child under the age of 15 in the vehicle
- The defendant has a prior felony conviction
- The defendant has a blood alcohol concentration (BAC) of 0.16% or higher
- The defendant has a BAC of 0.16% or higher and has a prior DUI conviction within the past 10 years
Consequences of a Felony DUI Conviction:
If a person is convicted of felony DUI in Utah, they can face the following consequences:
- Up to 15 years in prison: The minimum sentence for a felony DUI conviction in Utah is 1-5 years in prison, and the maximum sentence is 5-15 years.
- Fines: The fines for a felony DUI conviction can range from $1,000 to $10,000.
- License Suspension: The defendant’s driver’s license will be suspended for a period of time, which can range from 1-5 years.
- Ignition Interlock Device: The defendant may be required to install an ignition interlock device on their vehicle, which requires the driver to provide a breath sample before the vehicle can be started.
- Community Service: The defendant may be required to perform community service as part of their sentence.
Felony DUI Sentencing Grid:
The following table outlines the felony DUI sentencing grid in Utah:
| BAC | Prior DUI Conviction | Sentence |
|---|---|---|
| 0.16% or higher | None | 1-5 years |
| 0.16% or higher | Prior DUI conviction within 10 years | 2-10 years |
| 0.16% or higher | Prior DUI conviction with serious bodily injury or death | 5-15 years |
| 0.16% or higher | Prior DUI conviction with child under 15 in vehicle | 5-15 years |
| 0.16% or higher | Prior felony conviction | 5-15 years |
Enhanced Penalties for Repeat Offenders:
If a person is convicted of felony DUI in Utah and has a prior DUI conviction, they can face enhanced penalties. These penalties include:
- Increased prison time: The minimum sentence for a repeat offender can range from 2-10 years, and the maximum sentence can range from 5-15 years.
- Increased fines: The fines for a repeat offender can range from $2,000 to $20,000.
- Extended license suspension: The license suspension period for a repeat offender can range from 2-5 years.
Defenses to a Felony DUI Charge:
While felony DUI is a serious offense, there are certain defenses that can be raised in court. These defenses include:
- Lack of evidence: If the prosecution fails to present sufficient evidence to prove the defendant’s guilt, the charges can be dismissed.
- Unreliable breath test: If the breath test was not administered properly or the equipment was not functioning correctly, the results can be challenged.
- Insufficient notice: If the defendant was not given sufficient notice of the charges, the court may dismiss the case.
- Invalid warrant: If the warrant used to arrest the defendant was invalid, the evidence obtained as a result of the arrest may be suppressed.
Conclusion:
In conclusion, DUI is a serious offense in Utah, and the penalties can be severe. If a person is convicted of felony DUI, they can face up to 15 years in prison, fines of up to $10,000, and a license suspension of up to 5 years. It is important for individuals who are facing DUI charges to understand the potential consequences and to seek the advice of a qualified attorney.
Frequently Asked Questions:
- What is the difference between a misdemeanor and a felony DUI? A misdemeanor DUI is a less serious offense that is typically punishable by a fine and/or up to 1 year in jail. A felony DUI is a more serious offense that is punishable by up to 15 years in prison and/or a fine of up to $10,000.
- What are the consequences of a felony DUI conviction? The consequences of a felony DUI conviction can include up to 15 years in prison, fines of up to $10,000, license suspension of up to 5 years, and the requirement to install an ignition interlock device on the defendant’s vehicle.
- Can I appeal a felony DUI conviction? Yes, it is possible to appeal a felony DUI conviction. An attorney can help the defendant navigate the appeals process and raise any relevant issues or arguments.
Resources:
- Utah Code Ann. § 41-6a-502 (2020)
- Utah State Courts: DUI Information
- Utah Department of Public Safety: DUI Laws and Penalties
