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Sentence Enhancement for DUI in Utah

Under Utah law, certain acts or circumstances can increase your punishment. As stated above, the more DUI convictions you get within a ten year period, the harsher the punishment. However, there are other actions that increase your sentence.

The first is a high BAC. Under Utah law, having a 0.08 BAC while driving constitutes a DUI. If, however, you are caught driving with a 0.16 or higher, the court adds additional penalties. As stated above, the judge is required to administer specific punishments; such as jail time and fines. Most if not all the other penalties are discretionary, the judge can but is not required to invoke. High BAC makes those discretionary penalties into required punishment. If you are caught with a .16 or higher BAC, the judge is required to put you in a substance abuse program, put an ignition interlock device in your vehicle, and impose a home confinement period through the use of electronic monitoring.

The second enhancement is by becoming an alcohol restricted driver (ARD). An ARD is a person who has been convicted of a DUI within the last two years. Under this special provision, you are guilty of a special ARD DUI if you are caught driving a vehicle with any amount of alcohol in your system. This statute is extremely broad. If you are caught with .01 or high BAC, you will be convicted of this DUI. As punishment, the court will put an ignition interlock device in your vehicle. It should be noted that ARD DUI and the normal DUI are separable. If you are caught with a .08 BAC, you can be convicted of both a traditional DUI and an ARD DUI.

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