A majority of DUIs are addressed at the misdemeanor level. Misdemeanors are generally regarded as lesser or minor offenses, commonly resulting in consequences such as probation or brief terms of incarceration. Felonies are regarded as more severe and troublesome offenses, commonly resulting in long terms of imprisonment and extreme socioeconomic harms, referred to as “collateral consequences.” In simple forms, DUIs are regarded as misdemeanors, however, circumstances showing significant elevation in the seriousness of the offense may cause a DUI to be prosecuted as a felony. Even as a first offense, a DUI may be charged as a felony given that an aggravating factor is present. If you have been charged with a felony associated with intoxicated driving, it is critical that you initiate communication with a qualified attorney at your earliest convenience. The seriousness of a felony DUI charge cannot be understated. 

Aggravating Circumstances in DUI Prosecutions

A felony conviction or the entrance of a guilty plea may precipitate massive and unwanted lifestyle alterations, such as significant difficulty in securing desirable employment and rental housing. Aggravating factors that may cause a DUI to be prosecuted as a felony include: 

• Repeat charges - Under Utah state law, a third DUI within a period of ten calendar years can be automatically treated as a felony offense. The policy giving rise to this rule of law relates to a societal need to more severely punish those who demonstrate a failure to rehabilitate themselves following two separate incidents of intoxicated driving, thereby placing the public in danger. 

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Most people understand the dangers of drunk driving, and they know that operating a motor vehicle while under the influence of alcohol or drugs is against the law. However, violations of the law do occur, and whether this happens because a person made a mistake, because they struggle with substance abuse, or for other reasons, being arrested for driving under the influence (DUI) can put them in a difficult situation. For those who have never previously faced accusations or charges of DUI, understanding what to expect can be difficult, and they may be unsure about the potential consequences they may face. Fortunately, by working with a criminal defense lawyer, they can determine their best options for dealing with this situation.

First-Time DUI Charges

The first thing to understand about DUI cases in Utah is that the state has a lower legal limit for drunk driving than most of the rest of the United States. Whereas drivers in other states are allowed to drive as long as their blood alcohol content (BAC) is below .08 percent, drivers in Utah may face DUI charges if they have a BAC of .05 percent or more. In fact, DUI charges may even apply if a person’s BAC is below the legal limit, since Utah law states that a person is prohibited from being in physical control of a vehicle in any situations where alcohol, drugs, or combinations of multiple substances have made them incapable of operating a vehicle safely.

A first-time DUI charge is usually considered to be a Class B misdemeanor, although charges may be increased to a Class A misdemeanor if a driver had a passenger in their vehicle who was under the age of 16, if the driver was over the age of 21 and had a passenger under the age of 18, or if the person was driving on the wrong side of the road.