Summary

Under Utah law, there are two charges that involve drinking and driving


Impaired Driving vs. DUI

Impaired Driving Versus Driving Under the Influence (DUI)

Under Utah law, there are two charges that involve drinking and driving: “Impaired Driving” and “Driving under the Influence.” Even though these two charges are separate and distinct crimes, no one ever really gets charged with “impaired driving,” so why does it exist? Impaired driving is considered a lesser offense than a DUI charge, therefore, in some cases, a prosecutor will have the defendant plead to impaired driving in exchange for dropping the DUI charge. In considering whether or not to offer an impaired driving charge in exchange for dropping the DUI charge, the prosecutor will usually look at whether this is the defendant’s first or second offense, what the defendant’s BAC was, and whether the defendant has any other history of alcohol-related problems. When an impaired driving plea is being offered, it will be under one of two circumstances. First, an impaired driving plea can be offered if the defendant agrees to complete court-ordered probation, and completes it successfully. If the defendant fails to complete the probation, the DUI charge will be reinstated. Second, an impaired driving plea can be offered if the prosecutor agrees to the lesser charge and the court finds that the plea is in the interest of justice. If this second option is being used, the defendant pleads to the lesser charge and the DUI charge cannot later be reinstated. (See Utah Code 41-6a-502.5) So why would you want to plead to impaired driving rather than DUI? For one thing, if you plead to impaired driving, and your license is not already suspended by the Driver License Division, your license will not be suspended by pleading to this charge. (See Utah Code 53-3-223(7)(ii)). Secondly, there is no mandatory jail time associated with an impaired driving plea. (See Utah Code 41-6a-502.5(4)). Given that impaired driving is a lesser charge, and carries with it lesser penalties, it may be a good option to consider if it is being offered by the prosecutor, but you should always consider consulting an attorney before entering in to any sort of plea agreement.

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.