Driving under the Influence (DUI) charges are prosecuted aggressively throughout the United States. Particularily in Utah, when a driver makes the decision to drive under the influence of drugs or alcohol they risk hurting themselves or other individuals in the process. When an innocent person becomes a victim of a driving under the influence accident, the alleged intoxicated driver faces serious penalties.
Under Utah Code Ann. § 41-6a-528, a person is guilty of reckless driving if they operate a vehicle with willful or deliberate disregard for the safety of others, or while committing three or more moving violations in a series of acts within a single continuous driving period. A violation of this section is subject to imprisonment of no more than 6 months.
Utah Code §41-6a-502 states that a person may not operate or be in physical control of a vehicle if the person:
has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
is 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; or
has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.
If you or a loved one has been charged with felony driving under the influence causing death or serious bodily injury (SBI) in Utah, then it is important to speak with the lawyers of Brown, Bradshaw & Moffat, LLP as soon as possible. Our lawyers have almost two decades of experience representing those charged with various drug and alcohol offenses in Utah and will work hard to protect your rights.
An experienced criminal defense team is one of the most important things one facing criminal charges can have. The lawyers of Brown, Bradshaw & Moffat, LLP are dedicated solely to representing those charged with criminal offenses and can work with you to get the best possible resolution of your case.
Contact the DUI attorneys of Brown, Bradshaw & Moffat, LLP at (801) 532-5297 today for a free initial consultation. We proudly represent those individuals accused of DUI-related offenses in Salt Lake City, Utah, and surrounding areas.
Enhanced DUI Charges in Utah
In some instances, the DUI laws in Utah provide that the charges can be enhanced based on proof of certain aggravating factors. In this case, charges will escalate to a more severe criminal level and defendants will face harsher penalties. Some reasons for the enhancement of a criminal charge include the following:
a minor was in the car at the time of the incident;
the driver caused serious bodily injury to another individual;
there was an open container in the vehicle;
the driver caused the death of an individual, which escalates this offense to “automobile homicide;” or
the driver has a prior DUI conviction.
Utah DUI Causes Death or Serious Bodily Injury Penalties
Under Utah Code §41-6-44, driving under the influence causing serious bodily injury is a third-degree felony punishable by a sentence of up to five years in prison and/or fines of up to $5,000. If a victim of a driving under the influence incident dies, the individual will be charged with a second-degree felony, which is punishable by a sentence of up 15 years in prison and/or a fine of up to $10,000.
If a victim of a driving under the influence incident dies, the individual will be charged with a second-degree felony, which is punishable by a sentence of up 15 years in prison and/or a fine of up to $10,000. If convicted of this crime offenders may also face additional punishments and penalties including:
a suspension or revocatoin of their dirver's license or priviledges to drive in Utah;
a requirement to have an interlock interlock device in the vehicle; or
a requrement to attend certain educational or counseling classes.
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.
Felony DUI with Death in Salt Lake City
If you or a loved one are facing DUI criminal accusation in Salt Lake City or surrounding areas it is important to speak with the experienced lawyers of Brown, Bradshaw & Moffat, LLP as soon as possible. The lawyers of Brown, Bradshaw & Moffat, LLP are dedicated to protecting the rights of their clients and work with clients to reach a positive resolution.
When someone has been charged with committing a crime, they may feel like there is nothing they can do to protect their future and their rights. That is what our attorneys are here for. You do nott have to deal with this alone, contact Brown, Bradshaw & Moffat, LLP today to speak with experienced DUI legal counsel today. We are here to help you every step of the way.
Frequently Asked Questions: Utah DUI Resulting in a Death
1What is the criminal charge for a DUI causing death in Utah?
In Utah, causing a fatality while driving under the influence of alcohol, drugs, or a combination of both is charged as Automobile Homicide under Utah Code § 76-5-207.
Under § 76-5-207(2), an actor commits automobile homicide if they operate a vehicle in a negligent or criminally negligent manner causing the death of another individual while meeting at least one of the following intoxication thresholds: a blood or breath alcohol concentration of 0.05 grams or greater as shown by a subsequent chemical test; being under the influence of alcohol, any drug, or a combination to a degree that renders the actor incapable of safely operating a vehicle; or a blood or breath alcohol concentration of 0.05 grams or greater at the time of operation. A separate path to liability exists under § 76-5-207(2)(b) when an actor operates a vehicle in a criminally negligent manner causing death while having any measurable amount of a controlled substance in their body, subject to certain exceptions.
Under § 76-5-207(3), a violation is a second-degree felony, punishable by not less than five years nor more than 15 years of imprisonment, with a separate offense charged for each victim regardless of whether the deaths arise from the same episode of driving.
2What are the prison sentences for Automobile Homicide?
Under Utah Code § 76-5-207(3)(a), a conviction for Automobile Homicide carries an indeterminate prison term of not less than 5 years nor more than 15 years. A fine of up to $10,000 may be imposed at the court's discretion under Utah Code § 76-3-301.
Judicial Exception: Under § 76-5-207(7), the court may impose an alternative sentencing range of not less than 3 years nor more than 15 years if the court details on the record why it is in the interest of justice to do so.
Multiple Victims: Under § 76-5-207(3)(b), an actor is guilty of a separate offense for each victim suffering death, regardless of whether the deaths arise from the same episode of driving.
3Does Utah's 0.05% BAC limit apply to fatal accidents?
Yes. Utah's statutory blood and breath alcohol concentration (BAC) limit applies directly to fatal incidents.
Under Utah Code § 76-5-207(2)(a), an actor commits Automobile Homicide if they operate a vehicle in a negligent or criminally negligent manner causing the death of another individual and meet at least one of the following intoxication thresholds: a subsequent chemical test shows a BAC of 0.05 grams or greater at the time of the test; the actor is under the influence of alcohol, any drug, or a combination to a degree that renders them incapable of safely operating a vehicle; or the actor has a BAC of 0.05 grams or greater at the time of operation.
4Can I be charged with a felony for a first-time DUI causing a death?
Yes. Under Utah Code § 76-5-207, there is no requirement for a prior criminal or driving record to trigger a felony charge. If the statutory elements of intoxication and negligence are met and a fatality results, the offense is classified as a second-degree felony.
Under § 76-5-207(3)(a), the standard prison term is 5 to 15 years. However, under § 76-5-207(7), the court may impose an alternative range of not less than 3 years nor more than 15 years if it details on the record why that is in the interest of justice. Under § 76-5-207(6), the court may also suspend the imposition of prison entirely upon making and detailing the same finding on the record.
5What is an Interdicted Person designation in a DUI case?
Per Utah Code § 76-5-207(8)(a), a judge imposing a sentence for Automobile Homicide shall designate the defendant as an interdicted person as defined in Utah Code § 32B-1-102. This designation legally prohibits the individual from purchasing, possessing, or consuming alcohol. The interdiction remains in place for a period of time not to exceed the probationary period, unless the court finds good cause to order a shorter or longer time.
Under § 76-5-207(8)(b), the court is mandated to require the person to surrender their identification card or driver license and must immediately notify the Utah Driver License Division that the person is an interdicted person.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
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