DUI with Serious Injury

A misdemeanor DUI in Utah can be enhanced to a felony if charged as DUI With Serious Injury Statute. Under Utah law, DUI with serious injury occurs when a person who, while “under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle,” “inflicted serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner” also commits a third-degree felony. Id. § 41–6a–502(1)(b) and 41–6a–503(2)(a).

Under Utah's statutory scheme, the term "serious bodily injury" is defined as any bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death.  

It is important to keep in mind that a DUI accident that results in any bodily injury that is less than "serious" can still be enhanced to a class A misdemeanor. A class A misdemeanor is punishable by up to one year in jail.

*Update: Utah Governor Gary Herbert signed HB 155 into law changing the legal blood alcohol level from 0.08 to 0.05. The Bill will take effect December 30, 2018.

Attorney for DUI with Serious Bodily Injury in Salt Lake City, Utah

If you were charged with driving under the influence of alcohol or drugs and causing serious bodily injury (DUI With Serious Injury), a third-degree felony, then contact an experienced criminal defense attorney in Salt Lake City, Utah, at Brown, Bradshaw & Moffat, LLP. 

Under the DUI With Serious Injury Statute, a person who, while “under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle,” “inflicted serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner” also commits a third-degree felony. Id. § 41–6a–502(1)(b) and § 41–6a–503(2)(a).

The "DUI With Serious Injury" statute applies to individuals under the influence of “any drug.” See Utah Code Ann. § 41–6a–502(1)(b). The statutes include controlled substances within the definition of “drug.” Id. § 41–6a–501(1)(c)(i) (2014) (defining “drug” for purposes of the DUI With Serious Injury Statute to include controlled substances).

This article was last updated on Friday, June 16, 2017.