A 3rd Degree Felony DUI in Utah happens in the following ways:
FIRST: 3 DUIs in 10 Years. If you accumulate 3 or more DUI-type convictions in a 10-year period. Remember, Utah has one of the lowest Blood Alcohol Content levels in the country at .05 BAC.
Convictions for purposes of DUI enhancements is defined as the follows:
(a) driving under the influence under Section 41-6a-502 (2020) (Your classic drunk driving statute)
(b) for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502.5 (2020) (Impaired Driving statute).
(c) driving with any measurable controlled substance that is taken illegally in the body under Section 41-6a-517 (2020) (Drugged driving, Metabolite driving).
(d) any substantially similar local city DUI ordinance or a DUI-type conviction from another state.
(e) automobile homicide under Section 76-5-207 (2020)
(f) subsection 58-37-8(2)(g) (2020), if drugged driving causing serious bodily injury.
(g) refusal of a chemical test under Subsection 41-6a-520(7) (2020) (This is a new crime as of 01/2020).
(h) A federal DUI conviction, a military court-martial DUI conviction, or a DUI conviction in a US Territory.
SECOND: You are charged with a DUI causing someone serious bodily injury.
THIRD: You have a prior Automobile Homicide conviction at any time and are subsequently charged with a DUI-type crime.
FOURTH: You were previously charged with a Felony DUI at any time. You can then be charged again with another Felony DUI.
How much Time Can You Get for a Utah 3rd Felony DUI? Felony DUIs are always charged as 3rd Degree Felony, which can land you in prison or the county jail. Statutorily by Utah law, a 3rd Degree Felony is 0 to 5 years in the Utah State Prison system.
How much time you will get depends on the judge and unique facts of your Utah Felony DUI. It is guaranteed that you will at least spend 62.5 days in the county jail if you are not sent to prison instead.
Interlock Restricted Driver. 6 years.
Not a Drop Driver/Alcohol Restricted Driver. 10 years.
Driver License Suspension. 2 years.
Fine. $1,610. Normally you can make monthly payments or lump sum.
Mandatory 62.5 days Jail — Community Service — GPS Ankle Monitoring. Prison time is possible, but you will serve at least 62 nights in the county jail if not ordered to prison with the Utah Department of Corrections. Felony DUIs are a 3rd Degree Felony that can carry up to 0-5 years in the Utah State Prison.
Supervised Probation Felony DUI. You will be placed on Adult Probation & Parole. (“AP&P) for a likely 36 months.
Unsupervised Probation. Not going to happen.
Substance Abuse Evaluation and Treatment Follow Through. You will be conducting a substance abuse evaluation and completing any treatment follow through.
Offset for Fine and Treatment Payments. Unlikely.
Motions to Terminate Probation Early. Unlikely.
Felony DUI defense is high stakes. Persuading a judge to give you a break on your 3rd DUI is a difficult task, as well as getting the prosecutor to drop the Felony DUI to a Class A Misdemeanor DUI.
What does a typical DUI look like In Utah?
Taken from the 17TH ANNUAL DUI REPORT TO THE UTAH LEGISLATURE
◘ Arrested for a per se violation (79%)
Driver had a .08 (.05 as of December 30, 2018) or greater blood/breath alcohol concentration, or was
impaired by alcohol, drugs, or a combination of the two to the extent it was unsafe to operate a vehicle
◘ Arrested by a municipal law enforcement officer (57%)
◘ Male (71%)
◘ Age 25-36 (37%)
◘ Had a blood/breath alcohol concentration (BAC) between .11-.15
◘ Arrested on the Wasatch Front in Weber, Davis, Salt Lake or
Utah County (70%)
◘ First-time arrestee (71%)
◘ Convicted of DUI (78% in Justice Court; 80% in District Court)
Utah Felony DUI attorney Jake Gunter charges a flat fee for Felony DUI defense. One flat fee is needed to start your Felony DUI defense. Another flat fee is needed to try the Felony DUI to a jury trial, which often may be needed to obtain the correct plea bargain. Any motions to suppress or discovery fights are separate legal fees. Can you afford not to hire a competent Utah Felony DUI defense attorney?
