When people discuss the legal consequences of drunk driving, they often refer to the charge of Driving Under the Influence, commonly referred to as DUI. In Salt Lake County, there are actually five different charges or crimes that often include some element of people driving while impaired by some sort of substance. Those five charges are:
Driving Under the Influence (DUI),
Driving with Any Measureable Controlled Substance,
Reckless Driving,
Driving w/Any Measureable Controlled Substance and Causing Serious Bodily Injury or Death,
and Automobile Homicide.
What follows is a brief explanation of each charge, their elements, and possible sentences.
Driving Under the Influence (DUI)
This is the most common offense charged in relation to driving while impaired by alcohol or drugs. A person drives under the influence when operating a motor vehicle or being in actual physical control of a motor vehicle with a blood alcohol concentration of .08 grams or more, or when a person is under the influence of alcohol or drugs (or some combination of the two) to a degree that renders that person incapable of safely operating the motor vehicle.
DUI convictions are considered Class B Misdemeanors, Class A Misdemeanors, or Third Degree Felonies depending on whether or not a defendant has any prior convictions or the episode in questions resulted in any injuries. Sentencing varies given the circumstances of each conviction, but mandatory conditions of sentencing include jail time, community service hours, fines, and restrictions to driving privileges.
Driving With Any Measurable Controlled Substance
This offense pertains to driving while influenced by drug-related substances, excluding alcohol. As referenced in the statute, a controlled substance is any substance that is illegal to possess and medication that requires a prescription to possess (a list of controlled substances may be found in Utah Code §58-37-4).
According to law, a person cannot operate or be in physical control of a motor vehicle if they have any measurable amount of a controlled substance or metabolite of a controlled substance in the person’s body (note: a metabolite is a byproduct produced by the body when it breaks down the controlled substance and can remain in a persons body anywhere from hours to months, depending on the controlled substane).
Violation of this law is a Class B Misdemeanor punishable by up to 180 days in jail and a $1,000 fine. Additionally, the Utah Drivers License Division will suspend an offenders license for 90 days on a first conviction and revoke a license for one year on any subsequent conviction.
While reckless driving doesn’t explicitly have an element referring to alcohol or drugs, a prosecutor can state that a defendant pleading guilty to Reckless Driving had consumed alcohol or drugs (or some combination of both) in connection with the violation. In those instances, the Court will designate the conviction as and Alcohol Related Reckless Driving (ARR) conviction, which qualifies the conviction as a prior conviction for DUI sentencing if the defendant commits another DUI.
A person drives recklessly if they operate a motor vehicle in willful disregard for the safety of persons or property or if they commit three or more moving traffic violations in a series of acts within a single continuous period of driving. Reckless Driving is a Class B Misdemeanor.
Driving With Any Measurable Controlled Substance and Causing Serious Bodily Injury or Death
This offense, while one of the least common of the five drug or alcohol-related offenses, is one of the most serious an individual can commit while intoxicated. A person commits this crime if they intentionally and knowingly have in their body a controlled substance, operate a vehicle in a negligent manner, and they cause serious bodily injury or death.
While the level of offense in these cases depends on the substance in the offender’s body, a conviction will result in a Class A Misdemeanor, Third Degree Felony, or Second Degree Felony.
Automobile Homicide is the most common charge resulting from a person being involved in a fatal crash while driving under the influence. A person commits Automobile Homicide if they operate a motor vehicle in a negligent or criminally negligent manner and causes the death of another while having a blood alcohol concentration of .08 grams or greater or is under the influence of alcohol or drugs (or a combination of both) to a degree that renders them incapable of safely operating a motor vehicle.
Automobile homicide convictions are either Third or Second Degree Felonies with the degree of the charge determined by the level of negligence displayed when causing the death of another individual and whether or not the defendant has any prior DUI convictions.
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