Driver Charged with DUI in Collision With Bicyclists in Utah

October 11, 2012

Recently a 23-year old motorist ran into two bicyclists who were riding on the side of the Van Winkle Expressway in Murray, Utah, sending one of the bicyclists to the hospital with serious head injuries. The other bicyclist was less seriously hurt, receiving only minor injuries. The driver has been arrested on suspicion of driving under the influence. If convicted, the driver could face serious penalties under Utah's DUI and vehicular assault laws.

Drunk Driving in Utah

Under Utah law, a drunk driving charge can be pursued if the driver was operating a motor vehicle and had a blood alcohol content of 0.08 percent or higher, detected by either a breath test or a blood test.

The same law applies to anyone found to be operating a motor vehicle when his or her ability to operate the vehicle safely has been impaired by consuming any amount of alcohol or any drug. Under this provision, a person could be found guilty of a DUI offense after consuming just one drink, if that was enough to adversely affect the person's driving ability.

Utah DUI Penalties

Someone arrested on suspicion of DUI in Utah may be charged with a class A or B misdemeanor, depending on whether anyone was hurt or if there were minor passengers in the vehicle. The penalties imposed following a Utah DUI conviction also depend on whether the individual has any previous DUI offenses.

For a first-time DUI conviction, a person could be sentenced at least two days in jail and 48 hours or more of community service. A fine and fees of at least $700 will also be levied. In addition, the driver's license will be suspended for at least 90 days.

The penalties are increased for second and subsequent drunk driving convictions. In some circumstances, a driver may be charged with a felony for DUI.

For example, if someone suffered serious bodily injury in an accident with the driver, as possibly was the case with the car-bicycle collision in Murray, the level of the offense charged could be a felony. Prosecutors can also enhance the charges if the person accused of driving while impaired has a previous felony DUI conviction or was previously convicted of automobile homicide.

Because everyone is innocent until proven guilty, anyone who has been charged with drunk driving in Utah deserves advocacy from a capable criminal defense attorney with experience defending DUI charges. If you are charged with a DUI in Utah, contact a DUI defense lawyer for legal assistance.

Article provided by Catherine Cleveland, P.C.
Visit us at http://www.utahcriminallawyer.com