Most individuals charged with a DUI in Utah are facing their first arrest and crime on their record. According to data from the Utah Commission on Criminal and Juvenile Justice, police made 11,246 DUI-related arrests in 2023. Of the 11,246, 73% had never been arrested before.
Utah takes DUIs very seriously. Last month, we posted about the consequences you could face for just getting one DUI. If you add more to your record, the consequences become increasingly serious.
One DUI is a class B misdemeanor. This means up to six months in jail and up to $1,000 in fines unless you make a plea deal that leads to probation.
If this is your second DUI within a 10 year span, it’s a class A misdemeanor instead of a class B. This means up to 364 days in jail and up to $2,500 in fines.
If you commit three DUIs within 10 years, prison time is possible. Offending three times is a third-degree felony, which means up to five years in jail and $5,000 in fines.
It’s important to note that subsequent DUIs don’t change the status of previous ones. In other words, the class B misdemeanor charge from your first DUI doesn’t become a class A on the second.
Rather, you’re facing a new charge on top of the first one. A third DUI is a felony in addition to the two other separate charges.
It’s possible to suffer the consequences of all three DUIs at the same time. A judge may be more lenient for the first offense, but that may change after you’ve committed the same crime multiple times in a short time period.
Having multiple DUIs isn’t the only way the charges can stack up against you. Here are some other ways your situation could worsen with each DUI:
If you have minors in your vehicle, your first DUI can go from a class B misdemeanor to a class A misdemeanor. However, if you are between 18 and 21, it’s still only a class B misdemeanor as long as the passenger is older than 16 years old.
Where this can really stack up against you is if you have multiple passengers under 16 in the car. Utah law makes it a separate offense for each of them. So if you have four children who aren’t old enough to drive, and you’re arrested for a DUI, you’re looking at four separate class A misdemeanors.
If it’s your third DUI in ten years, you are looking at a third-degree felony for each minor. So in this scenario, you may have four third-degree felonies.
In Utah, the limit for blood alcohol content (BAC) is 0.05. That amount may lead to jail time, but you may also be able to get probation instead.
However, if you have a BAC of at least 0.16 or have a mixture of alcohol and controlled substances in your body, that is considered an extreme DUI. For a first offense, this comes with a mandatory jail sentence of five days or two days plus 30 days of home confinement. Subsequent DUI offenses have additional mandatory minimums.
Dealing with police can be tricky, but you do have certain rights when they approach you:
However, if you don’t identify yourself when asked, you resist arrest, or you refuse to submit to a chemical test, all of those are class B misdemeanors. This can lead to having three other charges stacked on top of whatever DUI you are facing, whether it be for a first, second, or third offense.
If you’re driving impaired, and that leads to an accident in which one or more people die, you can be charged with automobile homicide. This is a second-degree felony with a mandatory minimum sentence of five years in prison.
If you’re charged with this crime, it will likely also include a DUI charge. This means you have the second-degree felony and possibly an additional misdemeanor or third-degree felony on top of it.
If you’re arrested for a DUI-related offense, the first thing you need to worry about is making sure you’re protecting your rights. Don’t tell the police anything that will incriminate you. Make sure you are complying with lawful orders.
DUI cases are usually pretty cut-and-dry, especially if the chemical test shows you were driving with a BAC higher than .05. At this point, it’s less about proving your innocence and more about putting yourself in a position that helps you serve the least amount of time possible.
Unfortunately, prosecutors don’t have your best interest at heart. If you talk with them directly about the case without an attorney present, you may experience a worse outcome than you deserve.
That’s why you need a great lawyer behind you. Your attorney is legally obligated to do what’s best for you. An attorney will be able to decipher whether the prosecutor’s deal is worthwhile or if you should fight for something better.
If you’re facing a DUI charge, hire a lawyer who has ample experience in this area. Kristin Wilson has handled hundreds of DUI cases. She’s a brilliant attorney with an eye for justice. She knows when your rights are violated, and will make sure everyone is on an even playing field.
Ready to work with us? Tell us about your case.
