Utah Dwi Penalties
Driving while intoxicated is a major problem in today's society especially in Utah
. Every car needs insurance and there are no legal rules that regulate the amount of premium that can be changed from those who have been convicted under DWI.
DUIs versus DWIs
Many people confuse DUIs (driving under the influence) with DWIs (driving while intoxicated). Both crimes pertain to driving while under the influence of a mind altering drug, the repercussions of each are quite different.
A DWI, is considered a more serious offense. In Utah, anyone over the age of 21 may be considered intoxicated if:
a)They do not have normal use of their physical and/or mental faculties due to the presence of alcohol, drugs, or controlled substances in their system. This also includes medication prescriptions that may worsen or impair one's driving capabilities because of the toxins in the body.
b)They have a blood alcohol level (BAC) that reaches or exceeds.08. This can be determined by a breathalyzer test or a blood sample.
In Utah, police officers have the ability to charge a driver with a DWI even if their BAC is beneath the legal limit.
Differences in Sentencing
Depending on the situation or conditions rather surrounding your charge, you may have different charges against you. It could be with a DUI, DWI, or a felony DWI.
Primary or initial offense, DWIs ( Driving While Intoxicated are classified as Class B Misdemeanors) in general. The repercussions of which consist of a fine of up to a 2,000 dollars and up to six months in county jail. Generally, however, a first conviction will not require jail time, but probation for up to two years. Probation in the state ofUtah has many requirements such as DWI programs, community service hours and other conditions that the Court may require.
A Second DWI Conviction or commitment is considered a Class A Misdemeanor and is punishable by up to 12 months in the county jail and a 4,000 dollar fine. A mandatory or compulsory driver's license suspension requirement would be required, and a punishment from six months to two years is imposed for second and subsequent DWI convictions.
A third or more DWI is a third degree felony with a punishment range of two to ten years in prison and up to a 10,000 dollar fine. Secondary and successive DWI convictions also have mandatory driver's license suspension and requirements which will vary from six months to two years.
If an individual is driving while intoxicated or the person is driving while drunk and a child under the age of 15 is in the car with them, the driver may be charged with a felony DWI, as well. Punishments are equivalent to a third degree felony.
If you have been charged with a DUI, DWI, or felony DWI in Utah, it is important that you receive the help of an experienced DWI attorney.
by: shieldon
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