Some Utah DUI cases are plead to the reduced charge of Impaired Driving. Impaired Driving is not referred to as a reduced charge based upon it being a lesser degree of crime; Both offenses are Class B Misdemeanors carrying the potential of up to 180 days in jail. Impaired Driving, rather, is referred to as a lesser offense because the minimum consequences are less than those for a DUI. In DUI cases a judge must order a minimum of 2 days jail for a first offense, and 10 or more days for subsequent offenses. For Impaired Driving convictions, on the other hand, a judge can impose as little as 0 days in jail.
Another difference between a DUI and impaired driving is how each impacts your driving privilege. Any DUI conviction in Utah results in an automatic suspension of driving privileges in the state for a minimum of 120 days. Impaired Driving, on the other hand, does not result in any suspension.
In cases where a DUI suspension is the result of independent action from the DMV, a plea bargain to the reduced charge of Impaired Driving is still very beneficial. Once you plead to Impaired Driving, your prior DUI suspension is reduced to 60 days.
So what does this mean to you? If you have a pending DUI case, ask your attorney about an Impaired Driving plea deal. Based upon your criminal history, your blood alcohol level, and the customs of the court you are charged in, he will let you know if you qualify.
Stay safe be smart and call us when you need us!