What is a “Super DUI” in Utah?
Being charged for driving under the influence (DUI) is bad news, even under the best of circumstances. Drivers could end up paying hefty fines, losing their driver’s license, and even spending some time in jail. However, DUI is usually charged as a misdemeanor, and the penalties – while stern – are not insurmountable. However, in more serious cases, an intoxicated driver may be charged with a “super DUI.”
Super DUIs are simply DUI charges that are more serious and are often charged as felonies, or at least Class A misdemeanors. Super DUIs are often charged when a driver has racked up at least two prior DUIs within the last ten years. However, even a first offender can be charged with a super DUI if they injure or kill anyone while driving. Super DUIs come with much stiffer penalties and the impact of these penalties on your life may be longer-lasting.
If you were charged with a super DUI, you need to speak with an experienced DUI attorney right away. Our Utah super DUI defense lawyers can review your case and help you fight your charges. Schedule a free consultation with the experienced team at Overson Law, PLLC. Call (801) 758-2287 to speak with one of our skilled attorneys today.
Being Charged with a Super DUI in Utah
A super DUI is a DUI that is more serious than a typical DUI. Usually, DUIs are charged as misdemeanors. However, super DUIs may be charged as Class A misdemeanors – the most serious category of misdemeanors – or even felonies. The severe nature of super DUIs means that the penalties are much greater than usual. A driver charged with a regular DUI may expect to spend a few weeks or months in the county jail, but a super DUI defendant may face years in state prison.
Super DUIs are charged based on the circumstances surrounding the DUI. In many cases, a super DUI is charged when the driver already has two prior DUIs on their driving record. A third DUI will become a super DUI only if the two prior DUIs are within ten years of the current charge. A DUI conviction from more than ten years ago will not be counted against you when assessing super DUI charges.
A super DUI may also be charged if you injure or kill anyone while driving under the influence. Accidents are commonly associated with DUIs, and passengers, pedestrians, or other drivers may be harmed or killed because of drunk driving. If that happens, you may be charged with a felony DUI. Seriously injuring or killing someone while driving under the influence may result in a third-degree felony. For less severe injuries, you may be charged with a Class A misdemeanor. You can also be charged with a Class A misdemeanor if you have a passenger under the age of 18 in your car while driving under the influence.
If you have been charged with a super DUI, call our Ogden DUI defense attorneys for help. We can review your case and determine the best defense possible for your situation.
Penalties for Super DUIs in Utah
Super DUIs are often charged as felonies, although they may also be charged as Class A misdemeanors. In any case, super DUIs have much harsher penalties than ordinary DUIs.
If your super DUI is charged as a Class A misdemeanor, you may be facing up to 364 days in jail. There may also be additional fines on top of your potential jail time. If the defendant driver has injured multiple people or had multiple underage passengers, each victim will constitute a separate charge. So, if you injured three people, you may be facing three Class A misdemeanors, which amounts to nearly 3 years in jail.
A DUI charged as a third-degree felony carries even harsher penalties. For a third-degree felony DUI, a defendant driver will face a prison term of no more than 5 years. Like the charges mentioned above, each victim constitutes a separate offense. If a drunk driver kills three people, they may face three separate third-degree felony charges amounting to a maximum of 15 years in prison.
If you are facing super DUI charges, call our Park City super DUI defense lawyers immediately. We can help you challenge the charges against you and hopefully reduce your penalties or get your charges dropped.
Defenses to Super DUIs in Utah
There are several ways you can approach a super DUI case. First, driving under the influence may be a necessary element the government needs to prove to convict you of the DUI charge and a different criminal charge. By challenging the claim that you were intoxicated, we may be able to fight multiple charges at once.
For example, a driver charged with a super DUI may also be charged with automobile homicide. A critical part of automobile homicide charges is that the driver was under the influence at the time of the accident. If we can show you were not intoxicated, the super DUI might be dismissed. Moreover, your automobile homicide charges could be downgraded to negligent homicide, a lower-level offense.
We can also fight your super DUI charges by challenging your history of DUIs. A driver with at least two DUIs on their record within the past ten years may be charged with a third-degree felony super DUI. However, prosecutors sometimes include DUIs that are older than ten years by mistake. We can review your driving record and make sure no outdated DUIs are used against you. For more information, contact our Sandy DUI defense lawyers.
Other Consequences for Super DUIs in Utah
In addition to the criminal consequences of super DUIs, there may also be collateral consequences, including civil law issues. The extent of any collateral consequences will vary depending on the circumstances of your case. You should consult with our Utah super DUI defense attorneys to determine if any further legal action beyond your criminal defense is required.
First, any DUI may prevent you from getting jobs. Any job that requires a person to drive may be out of reach. This includes jobs like truck driving or driving a taxi. It may also include jobs that require a person to travel for work. Additionally, even if a potential job does not require you to drive, a DUI charged as a felony may need to be reported to potential employers. Employers are often hesitant to hire people with felony records and you may miss out on job opportunities.
If you hurt anyone while driving drunk, you may be sued in civil court for personal injuries. The families of victims who died from your DUI accident may also sue you for wrongful death. The result of your criminal trial could influence a civil action against you. You must speak with a lawyer about your case to figure out if there may be any other consequences for your super DUI.
Call Our Utah Super DUI Defense Attorneys About a Free Consultation
If you were charged with a super DUI, you might be facing much harsher consequences than you realize. Call our Utah super DUI defense attorneys for a free and confidential legal consultation today. Contact Overson Law, PLLC by calling (801) 758-2287.