Impaired Driving plea bargains are getting harder and harder to obtain. Each year the Utah Legislature has chipped away on what are eligible cases for an Impaired Driving conviction.
Effective 07/01/2024, any “EXTREME DUI” defined offense is no longer eligible for an Impaired Driving plea agreement.
Utah Extreme DUIs are defined as:
41-6a-501(f) “Extreme DUI” means an offense of driving under the influence under Section 41-1a-502 where there is admissible evidence that the individual:
(1). had a blood or breath alcohol level of .16 or higher;
(2). had a blood or breath alcohol level of .05 or higher in addition to any measurable controlled substance; or
(3). had a combination of two or more controlled substances in the individual’s body that were not: (A) recommended in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or (B) prescribed.
Extreme DUIs have been around for a few years, but were previously not defined in section 501, nor was Impaired Driving prohibited under Extreme DUI fact patterns.
