Utah Driving Under the Influence Defense Packet
Created and distributed by
Tyler B. Ayres, PC Attorney at Law
UTAH DUI LAW AND STATUTES
Utah Code § 41-6a-502
Utah Code § 41-6a-502 prohibits operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both with specified or unsafe blood alcohol concentration.
(1)A person may not operate or be in actual physical control of a vehicle within this state if the person:
(a) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.
(2) The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense against any charge of violating this section.
(c) Alcohol concentration in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath.
As written, Utah Code § 41-6a-502 is an "enhanceable offense." This means that if a person is convicted of the same or similar crime within a certain time period, the offense may be enhanced from a Class B misdemeanor up to a Third Degree felony. Additionally, there may be other factors that would result in an "enhanced offense" such as whether or not there was an injury related to the offense or who the passengers were at the time the offense was committed.
(3) (a) A person convicted the first or second time of a violation of Subsection (2) is guilty of a: (i) class B misdemeanor; or (ii) class A misdemeanor if the person: (A) has also inflicted bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner; (B) had a passenger under 16 years of age in the vehicle at the time of the offense; or (C) was 21 years of age or older and had a passenger under 18 years of age in the vehicle at the time of the offense. (b) A person convicted of a violation of Subsection (2) is guilty of a third degree felony if the person has also inflicted serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner.
Utah Code §§ 76-3-301, 76-3-203, 76-3-208
A Class B misdemeanor may be punished by a term of imprisonment in the facility designated by the jurisdiction where the offense occurred for up to six months. Additionally, a person convicted of a Class B misdemeanor may be fined up to $1,000.00 plus an 85% surcharge payable the court bringing the total fine to $1,850.00.
A Class A misdemeanor may be punished by a term of imprisonment in the facility designated by the jurisdiction where the offense occurred. Additionally, a person convicted of a Class A misdemeanor may be fined up to $2,500.00 plus an 85% surcharge payable the court bringing the total fine to $4,625.00.
A Third Degree Felony may be punished by a term of imprisonment in the Utah State Prison for up to 5 years. Additionally, a person convicted of a Third Degree Felony may be fined up to $5,000.00 plus an 85% surcharge payable the court bringing the total fine to $9,250.00.
Utah Code § 41-6a-505
Additionally, Utah Code § 41-6a-505 provides for MANDATORY SENTENCING which includes the following;
(4) (a) As part of any sentence imposed the court shall, upon a first conviction, impose a mandatory jail sentence of not less than 48 consecutive hours.
(b) The court may, as an alternative to all or part of a jail sentence, require the person to:
(i) work in a compensatory-service work program for not less than 48 hours; or
(ii) participate in home confinement through the use of electronic monitoring in accordance with Subsection (13).
(c) In addition to the jail sentence, compensatory-service work program, or home confinement, the court shall:
(i) order the person to participate in a screening and assessment;
(ii) order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (4)(d); and
(iii) impose a fine of not less than $700.
(d) The court may order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate.
(e) (i) Except as provided in Subsection (4)(e)(ii), the court may order probation for the person in accordance with Subsection (14).
(ii) If there is admissible evidence that the person had a blood alcohol level of .16 or higher, the court shall order probation for the person in accordance with Subsection (14).
(5) (a) If a person is convicted under Subsection (2) within ten years of a prior conviction under this section, the court shall as part of any sentence impose a mandatory jail sentence of not less than 240 consecutive hours.
(b) The court may, as an alternative to all or part of a jail sentence, require the person to:
(i) work in a compensatory-service work program for not less than 240 hours; or
(ii) participate in home confinement through the use of electronic monitoring in accordance with Subsection (13).
(c) In addition to the jail sentence, compensatory-service work program, or home confinement, the court shall:
(i) order the person to participate in a screening and assessment;
(ii) order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (5)(d); and
(iii) impose a fine of not less than $800.
Utah Code § 41-6a-510
Utah Code § 41-6a-510 allows local jurisdictions (cities, towns, and counties) to adopt legislation prohibiting the operation of a motor vehicle while under the influence of drugs, alcohol or a combination of both. Section (2) requires the ordinance to be consistent with the provisions of the Utah State Code which governs the same matters.
Utah Code § 77-18-12
Utah law requires that any conviction of a drug or alcohol related traffic offense be reflected on your record for 10 years before it is eligible to be expunged.
Ifyou need an experienced drunk driving defense attorney, call us today for your free consultation. Our skilled Utah DUI lawyers have over 10 years combined DUI defense experience.
Ayres Law Firm
8341 South 7th East
Salt Lake City, Utah 84070
Phone: (801) 255-5555
Fax: (801) 562-9010
The Ayres Law Firm offices are located in Salt Lake City, Utah, and represents people living or driving in on the Wasatch front, including the cities of Provo, Draper, Ogden, Park City, St. George, Sandy, Tooele, South Jordan, Orem, Lehi, Layton, and West Valley City, Utah. The Ayres Law Firm also represents clients from any state, who were charged with criminal charge in Utah.
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