DUI Third Offense
with Serious Injury Occurrence
3rd Degree Felony driving under the influence of alcohol, drugs, or a combination of both or with
specified or unsafe blood alcohol concentration.
(See Utah Code Ann. §41-6a-502
and Utah Code Ann. §41-6a-503(2)(b))
Utah Courts may impose a prison sentence for up to 5 years, but not less than 62.5 consecutive
days. However, the Utah Courts may suspend the execution of the prison term and place the person on
supervised probation
Supervised ProbationIf supervised probation is ordered: the Utah Court shall specify the period of the probation; the person shall pay all of the costs of the
probation; and the Utah Courts may order any other conditions of the probation.
The probation provider shall monitor the person’s compliance with all conditions
of the person’s sentence, conditions of probation, and Utah Court orders received and shall notify the court of any failure to comply with or complete that sentence, or those conditions or orders..
The Utah Courts may require
participation in home confinement through the use of electronic monitoringElectronic Monitoring
The electronic monitoring shall alert the appropriate corrections probation monitoring agency, law enforcement units, or contract provider of the defendant’s whereabouts. The Utah Court may require the person’s electronic home monitoring
device to include a substance abuse testing instrument; restrict the amount of alcohol the person may consume during the time the person is subject to home confinement; and set specific time and location conditions..
(See, Utah Code Ann. §76-3-203(3),
Utah Code Ann. §41-6a-505(3),
Utah Code Ann, §41-6a-505(3)(a)(ii), and
Utah Code Ann. §41-6a-505(3)(b))
If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order a fine of up
to $5,000.00, but not less than $1,500.00.
(See,
Utah Code Ann. §41-6a-505(3)(a)(i) and
Utah Code Ann. §76-3-301(1)(b))
The Utah Courts must order the convicted person to provide a DNA specimenDNA Specimen A blood or saliva sample shall be obtained
in a medically acceptable manner. The DNA specimen shall be analyzed to establish a genetic profile. The DNA specimen shall be used to maintain a criminal’s identification.
.
(See Utah Code Ann. §53-10-403(1)(a) and
Utah Code Ann. §53-10-403(2)(a))
Utah Courts must order supervised probation
Supervised ProbationIf supervised probation is ordered: the Utah Court shall specify the period of the probation; the person shall pay all of the costs of the
probation; and the Utah Courts may order any other conditions of the probation.
The probation provider shall monitor the person’s compliance with all conditions
of the person’s sentence, conditions of probation, and Utah Court orders received and shall notify the court of any failure to comply with or complete that sentence, or those conditions or orders. .
(Utah Code Ann. §41-6a-505(3)(a)(iii))
If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order participation in a screeningScreening A preliminary appraisal of a
person; used to determine if the person is in need of: an assessment, or an educational series. and, an
assessment
Assessment An in-depth clinical interview with a Utah licensed mental health
therapist; used to determine if a person is in need of: substance abuse treatment that is obtained at a substance abuse program, an educational series, or a combination of both.
. The Utah Courts must order substance abuse treatment
Substance Abuse Treatment Treatment obtained
at a substance abuse program that is approved by the Utah Division of Substance Abuse and Mental Health.
at a
substance abuse treatment program providing intensive inpatient treatment, and long-term closely supervised follow-through after treatment, for not less than 10 days.
(See, Utah Code Ann. §41-6a-505(3)(a)(iv))
The Utah Driver License Division and/or the Utah Courts will revoke the person’s license or permit to operate a motor vehicle.
Utah Driver License Division: If no request for a hearing is made to the Utah
Driver License Division, the Utah Driver License Division will suspend the person’s license
or permit to operate a motor vehicle in Utah for 2 years beginning on the 30th day after the
date of arrest.
(See, Utah Code Ann. §41-6a-509(1)(a)(i)(B),
Utah Code Ann. §41-6a-509(1)(a)(i)(B)(I),
Utah Code Ann. §41-6a-509(1)(a)(i)(B)(II),
Utah Code Ann. §53-3-223(7)(a),
Utah Code Ann. §53-3-223(7)(a)(i) and
Utah Code Ann. §53-3-223(7)(a)(i)(B))
If, after a hearing, the Utah Driver License Division determines that the police officer had
reasonable grounds to believe that the person was driving a motor vehicle in violation of Utah
Code Ann. 41-6a-502, the Utah Driver License Division will suspend the person’s license or permit
to operate a motor vehicle in Utah for 2 years beginning on the 30th day after the date of
arrest.
(See, Utah Code Ann. §41-6a-509(1)(a)(B),
Utah Code Ann. §41-6a-509(1)(a)(i)(B)(I),
Utah Code Ann. §41-6a-509(1)(a)(i)(B)(II),
Utah Code Ann. §53-3-223(7)(a),
Utah Code Ann. §53-3-223(7)(a)(i) and
Utah Code Ann. §53-3-223(7)(a)(i)(B)).
If the person fails to appear, on the date of the hearing, at the Utah Driver License Division,
the Utah Driver License Division will revoke the person’s license or permit to operate a motor
vehicle in Utah for 2 years beginning of the 30th day after the date of arrest.
(See, Utah Code Ann. §41-6a-509(1)(a)(i)(B),
Utah Code Ann. §41-6a-509(1)(a)(i)(B)(I),
Utah Code Ann. §41-6a-509(1)(a)(i)(B)(II),
Utah Code Ann. §53-3-223(7)(a),
Utah Code Ann. §53-3-223(7)(a)(i) and
Utah Code Ann. §53-3-223(7)(a)(i)(B)).
Upon receiving notice of conviction the Utah Driver License Division will deny, suspend or
disqualify the person’s license or permit to operate a motor vehicle in Utah for 2 years.
(See Utah Code Ann. §41-6a-509(1)(a)(i)(B),
Utah Code Ann. §53-3-220(1)(a) and
Utah Code Ann. §53-3-220(1)(a)(ii)).
The Utah Courts: The Utah Courts, upon conviction, may suspend a person’s license or permit
to operate a motor vehicle for up to an additional 2 years beginning on the date on which the
individual would be eligible to reinstate their driving privileges.
(See, Utah Code Ann. §41-6a-509(2)(a)(i) and Utah Code Ann. §41-6a-509(2)(a)(ii))
Ignition Interlock: The Utah Driver License Division and/or the Utah Courts will
require the installation of an ignition interlock systemIgnition Interlock System A constant
monitoring device or any similar device that prevents a motor vehicle from being started or continuously operated without first determining the driver’s breath alcohol concentration. in the motor vehicle operated by the person.
Utah Driver License Division: The Utah Driver License Division will require the
installation of an ignition interlock system in any motor vehicle operated by the convicted
person for 6 years from the date of conviction.
(See, Utah Code Ann. §41-6a-518.2(1)(b)(i)(G)).
The Utah Courts: The Utah Courts may order, during the period of probation, the
installation of an ignition interlock system in any vehicle the convicted person owns or drives.
(See, Utah Code Ann. §41-6a-518(2)(a))
Alcohol Restricted Driver: From the date of conviction and thereafter
(e.g.: Lifetime) the convicted person may not operate or be in actual physical control of a
motor vehicle in Utah with any measurable or detectable amount of alcohol in the person’s body.
(See, Utah Code Ann. §41-6a-529(1)(e)(ii) and Utah Code Ann. §41-6a-530(1))
Enhancement: Penalties for Driving Under the Influence (DUI) may be greater,
or enhanced, if there are subsequent convictions for DUI or other alcohol-related driving
offenses. For instance, a third DUI can be charged as a 3rd degree Felony if the person
charged has 2 or more prior convictions for DUI or another related driving offense. For
this to happen, the 2 prior convictions must have occurred within 10 years of the 3rd DUI.
(See, Utah Code Ann. §41-6a-503)