Can a person convicted of a DUI get a lower fine?
No. The fines are mandatory, and the judge must impose them.
Can the judge impose more than the mandatory minimum jail time?
Yes. The judge can impose up to the maximum time allowable for the level of offense. However, he/she cannot impose less than the mandatory minimum.
Can a person still be guilty of DUI if they are in their car but it is not moving or is in park?
Yes. The statute states that the person may not operate or be in actual physical control of the vehicle. Sitting in the drivers seat with the keys is exercising physical control over the vehicle.
Will a person convicted of a DUI lose their license?
Yes. The Utah Drivers License Division will suspend or revoke the person’s license, but the type and length of suspension will depend upon the person’s prior convictions. Also, the court may suspend the person’s driving privilege for a length of time in addition to that imposed by the Utah Drivers License Division.
Can a person still be prosecuted if they refuse to take a blood, breath, or urine test?
Yes. The statute prohibits a person from driving if they are under the influence and are incapable of safely operating their motor vehicle. Therefore, if there is other evidence of the person being impaired, they can still be prosecuted regardless of any refusal to take a test. Additionally, the person’s refusal is admissible evidence at trial. A refusal also results in an automatic suspension of the person’s drivers license and if they are found driving within the next five years with any detectable amount of alcohol in their body, they are guilty of a Class B misdemeanor under §41-6a-530.
What if the prior DUI was a Plea in Abeyance?
A plea of guilty or no contest that is held in abeyance is considered the equivalent of a conviction, even if that charge was reduced or dismissed as part of the terms of the plea in abeyance
Can a person be guilty if they injure themselves or their passengers?
This depends on who is injured. If the driver only injures himself, then he/she is only guilty of a Class B misdemeanor. However, if any of his/her passengers are injured, or any other persons as a result of his driving, he/she is guilty of a Class A or Third Degree felony, depending upon the severity of the injuries.
Can a person be guilty of DUI if the blood alcohol is lower than a .08%?
Yes. .08% is the point at which a driver is by law intoxicated and incapable of operating a motor vehicle. Even if a driver’s impairment may not be noticeable to a normal citizen at a .08% or higher, they are still considered by law too intoxicated to safely operate a motor vehicle. However, if you are below a .08% the statute still allows for a person to be convicted of a DUI if it can be shown that the driver was incapable of safely operating a motor vehicle.
Can a person be guilty of DUI if they are under the influence of medication for which they have a prescription?
Yes. This statute prohibits driving while impaired, regardless of whether the person has a prescription.
Is there a certain level of controlled substance or metabolite that must be present, like with alcohol and the 0.08 standard?
No. So long as a test can measure the controlled substance or metabolite, there is no minimum threshold.
How are Automobile Homicides and DUI’s related?
Basically, an Automobile Homicide is committed when a person drives DUI and through the person’s negligence or criminal negligence, causes the death of another. All the questions contained under the FAQ’s heading in the DUI section are equally applicable to automobile homicides. Furthermore, any conviction for an automobile homicide will automatically enhance any future charges of a DUI to a Third Degree Felony.
Copyright © 2008 Salt Lake County - All Rights Reserved