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:
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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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