A significant portion of Utah’s population identifies as Mormon. A Mormon Missionary Training Center (MTC), which is operated by The Church of Jesus Christ of Latter-day Saints, is located in Provo, Utah near the Brigham Young University (BYU) campus. BYU and MTCs enforce strict codes of conduct, with rules prohibiting alcohol use and criminal activity. If a BYU student or MTC student is charged with a crime that involves alcohol, such as driving under the influence (DUI), he or she may be expelled from BYU – and face criminal prosecution. If the defendant is found guilty, the consequences of a DUI conviction may include jail time, fines, and probation. Students can also lose college loan or scholarship eligibility, or run into problems when attempting to travel overseas.
Due to the serious consequences that can result from a DUI charge, it is imperative to obtain skilled legal representation. Salt Lake City DUI attorney Darwin Overson, the founder of Overson & Bugden, possesses more than 16 years of legal experience representing adults and juveniles in felony and misdemeanor DUI cases, including underage DUI, DUI with controlled substances, DUI resulting in injury, high BAC DUI, and repeat offense DUI. Overson Law can also handle related charges and violations, including open container violations, public intoxication charges, charges involving fake IDs, and breathalyzer refusals. Contact Overson Law online to set up a free legal consultation, or call (801) 758-2287 today.
Is Driving Under the Influence a Felony in Utah?
Utah splits criminal offenses into six categories:
- First Degree Felonies
- Second Degree Felonies
- Third Degree Felonies
- Class A Misdemeanors
- Class B Misdemeanors
- Class C Misdemeanors
While felonies are more severe offenses than misdemeanors, it is critical to treat all criminal charges seriously and strategically. Even a Class C misdemeanor, the lowest level of offense in Utah, is punishable by jail time and costly criminal fines.
There are three possible ways for a DUI charge to be classified in Utah:
- DUI can be a Class B misdemeanor. This is the “default” for DUI charges in Utah. In other words, the statute provides that DUI is typically a Class B misdemeanor, unless specific facts or details are being alleged as elements of the offense.
- DUI can be a Class A misdemeanor. As mentioned above, DUI is generally a Class B misdemeanor in Utah. However, the offense increases one level, becoming a Class A misdemeanor, if anyone is injured or if there are passengers below a certain age in the vehicle.
- DUI can be a third degree felony. First-offense and second-offense DUIs are generally misdemeanors. However, a third offense will be treated as a felony if it occurs within a 10-year period. DUI is also a third degree felony if anyone other than the driver is seriously injured.
What Happens if You Are Convicted of Drunk Driving?
Serious criminal and collateral consequences can result from a drunk driving conviction. To begin with, the defendant risks jail or prison time and criminal fines, to be imposed at the judge’s discretion within certain sentencing guidelines and requirements. They may also be placed on probation, during which they must comply with strict court rules – or face the imposition of more penalties. In addition to losing freedoms and being heavily fined, convicted offenders can also suffer damage to their reputations, difficulty in obtaining employment, and challenges when applying for student loans, scholarships, internship programs, or study abroad programs.
First-Offense DUI Penalties
Penalties for your first DUI offense include:
- Mandatory 48-hour minimum jail sentence
- Driver license suspension of at least 120 days
- Various fines, fees, and surcharges amounting to more than $1,300
- Possible probation
- Possible ignition interlock penalties
Second-Offense DUI Penalties
Penalties for a second DUI in Utah include:
- Mandatory 10-day minimum jail sentence
- Mandatory probation
- Driver license revocation lasting a period of two years
- Fines exceeding $1,500
- Possible ignition interlock penalties
Third-Offense DUI Penalties
The consequences of a third DUI, which is a felony, include:
- Mandatory jail term of approximately 63 days, with up to five years in prison
- Mandatory probation
- Driver license revocation lasting a period of two years
- Fines exceeding $2,500
- Possible ignition interlock penalties
It is important to understand that Utah DUI penalties vary from case to case, depending on factors like the defendant’s age, alleged BAC, and history of prior offenses.
DUI Defense Attorney for Mormon Missionary Training Center Students in Provo
A conviction of DUI can cast a shadow over all you have worked to achieve, interfering with job searches and other key areas of your life. It can also lead to your incarceration, in addition to costly fines, probation, and other consequences. If you or your child has been arrested for DUI at a Mormon Missionary Training Center in Utah, get legal help from an attorney you can trust. Call Darwin Overson at (801) 758-2287 for a free legal consultation, or contact Overson Law online.
