DUI offenses can be charged different in the State of Utah depending on the number of prior convictions the person has on their record, when the prior convictions occurred, and whether an aggravating factor is present. Listed below is a summary of the different types of DUI offenses in the State of Utah.
If you were arrested for DUI in Salt Lake City or one of the surrounding areas, then contact criminal defense attorney, Darren Levitt, to schedule a free, confidential consultation to discuss the fact of your DUI case.
Different Types of DUI Offenses in the State of Utah
Class “B” Misdemeanor DUI
- a first (1st) or second (2nd) DUI offense is charged as a Class B misdemeanor unless an aggravating factor elevates a first (1st) or second (2nd) DUI offense to a Class A Misdemeanor.
Class “A” Misdemeanor DUI
- a first (1st) or second (2nd) DUI offense can be charged as a Class A misdemeanor if one of the following aggravating factors are present including:
- the driver caused bodily injury to another person; or
- the driver had a passenger in the vehicle who was under 16 years of age in the vehicle at the time of the offense; or
- the driver 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.
Third Degree Felony DUI
- Aggravating factors that elevate a first (1st) or second (2nd) DUI offense to a third degree felony can include:
- the driver caused serious bodily injury to another person ; or
- the driver was previously convicted of automobile homicide under Utah Code Ann. § 76-5-207 and the automobile homicide was committed after July 1, 2001; or
- the driver was previously convicted of any felony DUI offense.
Third Degree Felony as a Third within 10 Years of a Prior
- A first (1st) or second (2nd) DUI offense will be charged as a third degree felony under the following circumstances:
- the driver has two or more prior convictions within the last ten (10) years. For purposes of this enhancement, “conviction” includes a conviction of any of the following crimes:
- DUI;
- alcohol-related reckless driving;
- driving with any measurable controlled substance that is taken illegally; or
- automobile homicide.
- the driver has two or more prior convictions within the last ten (10) years. For purposes of this enhancement, “conviction” includes a conviction of any of the following crimes: