DUI Penalties

Utah’s Varying DUI Punishments

DUI laws in Utah can be rather complicated because the penalties vary based on criminal history and circumstances surrounding the offense. For example, an individual convicted of their first DUI is charged with a Class B Misdemeanor. If that individual, within ten years of the first conviction, is arrested for a second DUI than that charge will be a Class B Misdemeanor. Upping the ante even further, three DUI conviction within a ten year period requires the third charge to be classified as a third degree felony charge. As for the facts of the case that alter the charge, bodily injury to another person or having children in the car, will make the charge a Class A Misdemeanor.

Number of Offenses

For a first offense the individual being charged with a DUI must serve 48 hours of jail time or 48 hours of community service. There are unusual circumstances when a judge will permit home confinement to an individual with a disability. A first time offender will also be required to participate in a treatment program known as Prime for Life. Chemical tests must be taken throughout probation and if the results are .16 or higher, then the individual’s probation will be supervised. The individual charged with the DUI is required to pay the supervised probation fees. The fees for a first offender can reach up to $1,400.

For the second DUI, jail time is increased to 10 days or 240 hours of community service. Supervised probation is required for a second offense regardless of any chemical test results. The fees for a second offense can reach up to $1,500.

A third offense within ten years of the prior conviction carries with it the risk of a five year prison sentence. The individual will be put on probation if the court does not rule the five year sentence. However, 1,500 hours of jail time with be a part of that probation. At least 240 hours must be spent in a supervised, intensive care or treatment program for substance abuse. The fees for a third offense can reach up to $3,000.

Utah DUI Attorney

If you are facing DUI charges no matter what your criminal history, you need legal help. The lawyers at Utah Defenders are experienced professionals who know how to help you defend your rights. Call or email us today to set up a free consultation.