A driving under the influence (DUI) offense can be charged as a third-degree felony if the offender has two or more prior convictions within the last ten (10) years. For purposes of this enhancement of a DUI to a felony, the term “conviction” includes a conviction of any of the following:
1. DUI;
2. alcohol-related reckless driving;
3. driving with any measurable controlled substance that is taken illegally; or
4. automobile homicide.
A felony DUI can also be charged as a third-degree felony under the following conditions:
1. if bodily injury occurred;
2. if the defendant has any prior felony DUI or automobile homicide conviction.
*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 Felony DUI Information Center
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Under § 41-6-44 of Utah Code Ann., the law provides that for a third or subsequent misdemeanor conviction within ten (10) years or for any of the specified felony offenses, then the court SHALL sentence the offender to prison or impose a jail sentence of not less than 1,500 hours (62.5 days). The court may order electronic home confinement.
Additionally, after such a conviction, the Court must order the following punishment under Section 41-6A-505:
1. a minimum fine of $1,500 plus surcharges until a term of 0-5 is imposed;
2. screening and assessment (if found appropriate by screening);
3. intensive treatment or inpatient treatment with aftercare for no less than 240 hours unless 0-5 years in prison is imposed; and
4. supervised probation under Section 41-6A-507 if 0-5 years in prison is not imposed.
Finally, the Court may order the ignition interlock device (IID) and shall order IID if the driver is under 21 or for ARD violations or describe on record why requiring the IID is not appropriate. See Section 41-6A-518 and 41-6A-530.
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For a high BAC of 0.16 or higher the Court shall order supervised probation if the 0-5 prison term is not imposed. The Court shall order treatment and the ignition interlock device, and/or home confinement, or describe on the record why such an order is not appropriate. See Section 41-6A-505.
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DUI Report to the Utah State Legislature - Find statistics about felony DUI cases prosecuted in Utah in the calendar year of 2014 and year to date in 2015 from the Utah Commission of Criminal and Juvenile Justice (CCJJ).
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The DUI lawyers in Salt Lake City at Brown, Bradshaw & Moffat, LLP are very experienced in fighting drunk driving charges. If this is your third DUI charge within ten (10) years or fourth or subsequent DUI, then call us to discuss your options.
As provided in Utah Code § 41-6a-503, previous criminal convictions are used as mandatory charge enhancements. While a first or second DUI can be charged as either a class B or class A misdemeanor, a third DUI or fourth DUI within ten years must be charged as a third-degree felony.
Call us here at to find out what defense might be available in your case. With offices conveniently located in Salt Lake City, we are ready to meet with you to discuss your case. Find out what you need to do right now to protect your rights.
Our lawyers represent clients in Salt Lake County and the surrounding areas including Davis County, Utah County, Morgan County, Tooele County, Summit County and Wasatch County. We are experienced in fighting misdemeanor and felony drunk driving cases that occurred throughout the communities in Salt Lake County including Holladay, Midvale, Riverton, Taylorsville, Kearns, Magna, Herriman, Copperton Township and Millcreek.
Our criminal defense attorneys fight DUI cases throughout Salt Lake County and the surrounding areas for felony DUI cases. Let us help you at each stage of the case as we fight for the best possible result. Call an experienced Salt Lake DUI lawyer at (801) 532-5297 today.
