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Impaired Driving


A DUI conviction on your record can have harmful repercussions on future employment options, application for certain licenses, and various social implications. However, there are defense strategies that a criminal defense attorney can use to reduce the impact of the offense. Among these strategies is the reduction of a class B misdemeanor DUI conviction to an impaired driving conviction.

Salt Lake City Impaired Driving Defense Attorney

As a Salt Lake City DUI attorney, Darren M. Levitt fights to secure a favorable outcome for men and women charged with class B DUI offenses. Sometimes this may mean pursuing reduced charges to impaired driving or reckless driving, which has the potential to seriously lower the impact of the original offense. Call (801) 828-2732 or send an online message to discuss your legal defense options with Levitt Legal during a free, no-obligation consultation.

Impaired Driving Sentencing Requirements in Utah

Under Utah Code § 41-6a-502.5, it is unlawful for a person to operate a vehicle while impaired. With the agreement of the prosecution, a plea to a class B misdemeanor for driving under the influence (Utah Code § 41-6a-502) committed on or after July 1, 2008 may be entered as a conviction if:

  • The defendant completes court ordered probation requirements; or
  • The prosecutor agrees as part of a negotiated plea bargain; and
  • The court finds the plea to be in the interest of justice.

Convictions entered under this section are class B misdemeanor and are entered immediately. Upon successful completion of probation, the court will enter the reduced conviction to impaired driving at the time of the plea.

However, if the defendant fails to appear before the court and does not complete the court ordered probation requirements, the court will enter an amended conviction of Section 41-6a-502. Note that the date of the amended order will be the date of conviction.

Sentencing for Impaired Driving in Utah

As a provision of reducing a class B misdemeanor DUI by one degree to impaired driving, the defendant is required to complete the terms of sentencing. The court will order the defendant to complete screening, assessment, an educational series, or substance abuse treatment – the same requirements that would have been rendered under a first, second, of subsequent conviction respectively.

Additionally, the court will not contain evidence of a conviction for impaired driving if the reporting court informs the state Driver License Division that the defendant is in the process of completing the DUI program or has successfully completed the program. However, this does not apply to CDL (commercial driver’s license) holders or DUI violations that occurred in a motor vehicle.

Levitt Legal, PLLC | Utah Impaired Driving Defense Lawyer

Levitt Legal provides dedicated legal confidence to clients facing DUI charges in Salt Lake City, Park City, Layton, and the surrounding communities. Contact Levitt Legal today to discuss your options and unique situation with Darren M. Levitt. The information you receive will help you make an informed decision about your future.

Call Now To Schedule Your Consultation
(801) 828-2732