Driving Under the Influence or DUI is one of the most complicated areas of Utah Criminal Code. There are multiple offenses and multiple elements for each offense making for a confusing statutory system and that doesn’t even include all the statutes that are specific to DUI related penalties. The elements of a crime are the facts that a prosecutor has to prove to convict an individual of a certain criminal offense. When it comes to DUI there are three different sets of elements or three different ways an individual could be convicted for driving drunk.
Three Ways to Conviction
The first thing a prosecutor has to prove to convict an individual for DUI that must be proved in every DUI case is that the individual was operating or in actual physical control of a vehicle. Once that is covered then there are three other elements to the offense but only one has to be proven for a conviction. The first way an individual could be convicted is if a subsequent test shows that the individual has a blood alcohol concentration (BAC) of .08 or higher. Subsequent meaning subsequent to the driving. The second way is if the person is under the influence of alcohol or an illegal substance to a degree that renders them incapable of safely operating a vehicle. Under this prong it doesn’t matter that the individual didn’t have a blood or breath test that came back at .08 or higher. Finally, the third way is similar to the first but instead of subsequent it is .08 or higher at the time the vehicle was operated. This prong allows for prosecution when the test is taken after the driving and comes back lower than .08 but the argument is that it was higher at the time the individual was driving.
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DUIs are very common in our society but they are not very well understood. This means you should get sound legal advice before you go to court on your DUI case. Call or email us today to find out how we could help you.