First, there are regular DUIs, drugged metabolite DUIs, Wet Reckless Driving, Impaired Driving, Felony DUIs and 2nd Offense DUIs.
Here is what the new “Extreme DUI” jail terms looks like.
On 05/05/2021 the Utah Legislature enacted the Utah “Extreme DUI.” Although not labeled or in the statute with the word “Extreme” or “Super Duper,” it means:
(1). You had a .16 or more blood alcohol content (“BAC”), OR
(2). You had a BAC level of .05 or higher in addition to any measurable controlled substance (read streets drugs or lawfully prescribed and taken drugs), OR
(3). You had a combination of two or more controlled substances in your system that were not recommended in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act or prescribed.
First offense Extreme DUI is:
(1). Impose a jail sentence of not less than five days; OR
(2). Impose a jail sentence of not less than two days in addition to home confinement of not fewer than 30 consecutive days through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506.
(3). You can stipulate around jail if the judge and prosecutor both agree to stipulate to no jail under Utah Code 41-6A-505(12).
A second offense Extreme DUI within 10 years of your first DUI conviction is:
(1). Impose a jail sentence of not less than 20 days, OR
(2). Impose a jail sentence of not less than 10 days in addition to home confinement of not fewer than 60 consecutive days through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506, OR
(3). Impose a jail sentence of not less than 10 days in addition to ordering the individual to obtain substance abuse treatment, if the court finds that substance abuse treatment is more likely to reduce recidivism and is in the interests of public safety;
(4). You can stipulate around jail if the judge and prosecutor both agree to stipulate to no jail under Utah Code 41-6A-505(12).
UTAH DUI LAW is extremely complicated and ever changing. Further each court and prosecutor’s tendencies are different. It takes time to feel out what to do in DUIs, especially with all the mandatory minimums that Utah DUI law requires.
