2006 Utah Code - 41-6a-503 — Penalties for driving under the influence violations.

     41-6a-503.   Penalties for driving under the influence violations.
     (1) A person convicted the first or second time of a violation of Section 41-6a-502 is guilty of a:
     (a) class B misdemeanor; or
     (b) class A misdemeanor if the person:
     (i) has also inflicted bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;
     (ii) had a passenger under 16 years of age in the vehicle at the time of the offense; or
     (iii) was 21 years of age or older and had a passenger under 18 years of age in the vehicle at the time of the offense.
     (2) A person convicted of a violation of Section 41-6a-502 is guilty of a third degree felony if:
     (a) the person has also inflicted serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;
     (b) the conviction under Section 41-6a-502 is within ten years of two or more prior convictions as defined in Subsection 41-6a-501(2); or
     (c) the conviction under Section 41-6a-502 is at any time after a conviction of:
     (i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
     (ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
     (iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of conviction is reduced under Section 76-3-402.

Enacted by Chapter 2, 2005 General Session
Amended by Chapter 91, 2005 General Session