What Blood Alcohol Level Would Enhance A DUI?
In Utah, the classification of the charge would not change if the person hit double the limit, a 0.16 and higher, and on a first offense it would still be a class B misdemeanor, although it would enhance the kind of sentence the judge would be required to impose if the person was convicted. They might be ordered to do extra counseling and treatment and they would be put on “supervised probation” instead of just court probation. Supervised probation would be when the person would have to pay the probation officer monthly to come and check up on them and make sure they were following the court’s orders and so forth. It would be an automatic requirement for the ignition interlock to be installed on the vehicle throughout the term of the probation and the person would get increased sentencing, sanctions and penalties if they hit 0.16 or double the limit.
Would Someone Automatically Be Charged With Aggravated DUI If The Accident Caused Bodily Injury Or Death?
Yes. In Utah, the average first offense or second offense DUI would typically be a class B misdemeanor, with a maximum punishment of 6 months in jail and around $1,000 in fines. The person could have a first offense DUI and if they caused any injury to another individual or another driver, as defined by a lot of prosecutors around here, then it would get bumped up a degree. If someone was in a DUI accident and hit another vehicle in a way that the other person hit their head on the steering wheel and had to get some stitches for the laceration on their head, then the prosecution would look at that and bump it up from a B misdemeanor to an A misdemeanor which would increase the penalties. The prosecution could bump it up to a felony if the person had a serious injury on a first offense DUI.
I recently handled a case involving a couple, where the couple was in a domestic disagreement situation. They had an argument and the lady wanted to get in the vehicle and leave, so the man tried to stop her by getting behind the vehicle but she ran him over and broke some of his bones. The prosecution considered those broken bones as a serious physical injury so they charged her with a felony level DUI. It would have been automobile homicide if she had killed him, because in Utah, they look at it based on the level of injury. The prosecution would make their charging decisions based on whether it was an injury, a serious injury or a homicide.
Can A Passenger Be Charged With Vehicular Homicide If They Were Under The Influence And Did Something To Cause An Accident?
I have never seen nor heard of this kind of situation before, but I would have a hard time seeing that charged because the passenger would not actually be in physical control of the vehicle.
What Other Reasons Could Aggravate, Enhance Or Make A DUI A Felony Beside Auto Accidents Or Injury?
Another way for a DUI to be aggravated in Utah would be if the driver had children in the vehicle, who were under 16 years of age. It could be a first time offense by a mother who was picking her kids up from school but she was stopped. If she had two elementary school children with her, the state would file that from a B misdemeanor to an A misdemeanor which would double the potential jail time and the fine associated with it. One way of getting an aggravated DUI would be to have children under 16 in the vehicle. The other way to get a DUI enhanced in Utah would be if the person had two prior qualifying convictions, meaning two DUIs that were previous to the current one. They would file those as third degree felonies which could land the person in prison for 0 to 5 years.
With A Suspended License, What Conditions Would Have To Be Met For A DUI Charge To Be Aggravated Or Enhanced?
Driving on a suspended license in Utah, would not enhance or aggravate a DUI. The DUI would still be filed as a second offense if the prior was in within 10 years, whereas the person would be subject to a stiffer fine, because in addition to the second DUI, they would be charged with a class B misdemeanor for driving on the alcohol revoked license. It would be counted as another charge of being an alcohol restricted driver if it was within a couple of years, like 2 or 3 years. If the DUI was within 2 years of the person’s first DUI and they were driving on a suspended license, then they would have the alcohol restricted driver and they could also possibly be charged with another misdemeanor, called an Ignition Interlock violation. Some DUIs, for first offense charges would require an ignition interlock, so the second offense driving on a suspended license would not really aggravate the DUI charge itself. It would just bring with it a whole two or three other charges and severe fines also, almost as much as a DUI. It would trigger an additional license suspension, so another year or more could be added onto the suspension that was already in place.
Would Everything Be Enhanced As A Second DUI?
Yes and there would be more charges also.
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