There are very few more devastating moments in an individual’s life than being convicted of a Felony DUI. Not only will you possibly be thrown in jail, but you may also compromise your professional livelihood as well.
With all the possible negative effects of a DUI charge, particularly one that is classified as a felony, knowing your options and speaking with a lawyer should be first on your to-do list. Approaching this particular situation in a correct manner will give you a better opportunity to defend your name and move on with your life.
Salt Lake City Felony DUI Attorney
An arrest for a felony DUI gives you very little wiggle room with regard to your defense, which is why it is paramount that you find criminal defense attorney who has experience in successfully arguing cases like yours. This takes a legal knowledge that can effectively handle the aggressive prosecution that you will surely face if this case continues to move forward.
As an experienced Salt Lake City criminal defense attorney who has helped many out of difficult situations with regard to their DUI cases, Darren Levitt can handle your case in a professional and logical manner. Considering that your options are limited, your attorney needs to be focused and dedicated to you as a client and willing to put everything he can into finding solutions to this anxiety-inducing legal problem.
If you have been charged with a felony DUI offense and need the help of a proficient and skilled lawyer who is committed to making sure your rights are protected call Levitt Legal, PLLC at (801) 455-1743 to schedule a free and confidential consultation.
Felony DUI under Utah Law
According to Utah Code §41-6-44, Utah law prohibits any person from operation or being in actual physical control of a vehicle if the person:
- has enough alcohol in the body that a test administered at some point after the operation or physical control of the vehicle reveals a BAC of .08 or greater;
- is under the influence of any drug or alcohol or a combination of both such that the person is incapable of safely operating the vehicle; or
- has a BAC of .08 or greater at the time of operation or physical control of the vehicle
To clarify, to be in “physical control” of a vehicle means to be in the driver’s position of the front seat of a vehicle and having possession of the vehicles ignition key or other ignition device.
A felony DUI will be charged if the individual is either involved in “aggravating factors” or if they have two or more prior “convictions” in the last ten years.
Aggravating Factors – This means that the offender caused serious bodily injury to another; offender was previously convicted of automobile homicide under Utah Code §76-5-207; offender was previously convicted of any felony DUI offense.
Prior Convictions – In order to be charged with a felony DUI if no aggravating factors are involved, the individual needs to have been convicted (twice in the past ten years) of a DUI, alcohol-related reckless driving, driving with any measurable controlled substance that is taken illegally or automobile homicide.\
UPDATE: Utah Governor Gary Herbert signed HB 155 into law changing the legal blood alcohol level from 0.08 to 0.05. The bill will take effect December 30, 2018.
Utah Penalties for a Felony DUI
A felony DUI in the state of Utah will most likely be classified as a third degree felony. Either DUI’s involving aggravated factors or two prior convictions will include this classification.
According to Utah Code, a third degree felony will come with a presumptive sentence of up to five years in prison and / or fines of up to $5,000.
The court may also require:
- Screening and assessment;
- Intensive treatment or inpatient treatment for not less than 240 hours;
- Supervised probation after prison term or if prison term is not imposed;
- Ignition interlock system for 3 years;
- License suspension for up to 2 years.
Levitt Legal, PLLC || Salt Lake City Felony DUI Arrest Lawyer
If you or a loved one has been charged with a felony DUI in greater Salt Lake City, take the necessary step and pair with a qualified criminal defense attorney who has the knowledge and experience to provide excellent client service while developing a strong defense strategy to keep from dealing with the full extent of the potential consequences. Using his legal insight, Darren Levitt will do everything in his power to reduce the charges, or possibly get them dismissed.
Call (801) 455-1743 or send an online message to set up a risk-free consultation at Levitt Legal, PLLC to discuss the specifics of your case. Darren proudly represents individual accused of crimes in the greater Salt Lake City area of Utah, including but not limited to the cities of: Tremonton, Perry, West Valley City, West Jordan, Taylorsville, Murray, South Salt Lake, Tooele, Grantsville, Provo, Pleasant Grove, Logan, Morgan, Smithfield, Ogden, Roy, Park City, Francis, Layton or Midway.