What Is a Felony DUI in Utah?

Driving Under the Influence (DUI) is a serious crime in Utah. It is usually charged as a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. However, there are circumstances where a DUI can be charged as a felony. A conviction for felony DUI carries a sentence of up to 5 years in prison and $5,000 in fines.

If you are facing felony DUI charges, you need experienced and aggressive legal representation. For over 40 years, Douglas D. Terry & Associates has represented people in Southern Utah who were accused of drunk driving and other crimes. Our lawyers regularly appear in courts throughout the state and have earned a reputation as talented and aggressive advocates who work to achieve superior results for our clients. To put our expertise to work for you, contact Douglas D. Terry & Associates today.

What Is a Felony DUI?

There are three ways a person can be charged with and convicted of felony DUI in Utah.

1. It is their third or subsequent DUI charge.
2. They were under the influence of drugs or alcohol and were involved in an accident that resulted in serious injury or death.
3. They were previously convicted of felony DUI or Automobile Homicide.

The elements for proving felony DUI are the same as for other DUI charges in Utah. The only real difference is the potential penalties for a conviction.

Utah drivers should be aware that a driver can be charged with DUI if they have a Blood Alcohol Concentration(BAC) of .05%. This is considerably lower than the .08% standard that applies in other states and is currently the lowest BAC level for a DUI charge in the country.

Is a Second DUI a Felony?

In most cases, a second DUI charge is a misdemeanor, unless you were intoxicated and were involved in an accident that resulted in serious injury or death.

What Are the Penalties for Felony DUI in Utah?

The penalties for a felony DUI conviction are considerably more severe than for a misdemeanor drunk driving offense.

If you are convicted of felony DUI in Utah, you face:

• A minimum of 62.5 days in jail, up to a maximum sentence of 5 years in prison;
• Fines of up to $5,000;
• Mandatory installation of an Ignition Interlock Device (IID);
• Mandatory substance abuse treatment (at your expense); and
• Supervised probation.

You also face collateral consequences, which are penalties that come from somewhere other than the criminal legal system. A felony conviction can result in the loss of your firearm rights, your right to vote, and your ability to find suitable employment and housing. A felony conviction could also disqualify you from certain government aid programs, such as public assistance and many financial aid awards.

How a Felony DUI Attorney Can Help

A felony DUI is a serious criminal charge, and the consequences of a conviction are severe. As with any criminal charge, the prosecution bears the burden of proving you guilty beyond a reasonable doubt.

Our lawyers can carefully analyze your case and work to create a compelling defense designed to win at trial or lead to a significant reduction in the severity of the charges or the penalties you face. We can evaluate whether the police officer had probable cause to initiate the traffic stop, whether the BAC test results are reliable, and whether the Field Sobriety Tests were conducted properly. We can analyze your case for constitutional violations, like if the police failed to read you your Miranda rights and or whether evidence was obtained illegally.

Charged with Felony DUI in Utah? Contact Douglas D. Terry & Associates Today.

For more than 40 years, Douglas D. Terry & Associates has defended people accused of drunk driving throughout Southern Utah. From our offices in St. George and Cedar City, our lawyers protect and defend clients throughout the state. We have earned a reputation as aggressive advocates who meticulously prepare every case we take on.

To learn more about us and put our expertise to work for you, contact us today by calling (435) 628-4411, emailing email@SouthernUtahDefense.com, or completing our online form. We look forward to learning more about your situation and fighting for you.