Impaired Driving – The Reduced DUI Charge for Utah Drivers

Utah drivers who are arrested for a DUI need to know there’s a chance they may be offered a reduced charge known as impaired driving. Although this charge is slightly better than a DUI, it is best to consult with a criminal defense attorney to find out if it is the best option available.

Don’t settle without legal counsel

DUI

Photo by: SanDiego DUIAttorney

When a driver is arrested for a DUI, they may accept whatever charges are thrown at them; this is a major mistake that many Utah drivers make. There is a possibility that a DUI charge can be reduced to impaired driving instead. The option for this reduced charge is not something the prosecution will always offer voluntarily, so it is encouraged to have an educated attorney on your side can help ensure this option is available to those who qualify. If a prosecutor willingly and swiftly offers a plea bargain of impaired driving, it is best to consult with an attorney before agreeing as there may be a better option out there.

DUI-Driving under the influence

A DUI is what Utah Code 41-6a-502 defines as “driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration”. A person may face a DUI charge if they operate a vehicle with a blood or breath alcohol concentration of .08 grams or higher. They may also face a DUI charge if they are under the influence of alcohol or drugs which would “render the person incapable of safely operating a vehicle.” If someone is arrested for a DUI, it is considered a class B misdemeanor and the guilty party can plan on spending at least 48 hours of jail time, losing their Utah’s driver’s license, and dishing out a hefty fine.

DWI – driving while impaired (impaired driving)

Impaired Driving

Photo by: SanDiego DUIAttorney

DUI and impaired driving; these two terms may sound like different ways of saying the same thing, but there are slight differences that are important to understand. Impaired driving is considered a reduced DUI charge of one degree and according to Utah Code 41-6a-502.5, “[w]ith the agreement of the prosecutor, a plea to a class B misdemeanor violation of [a DUI] may be entered as a conviction of impaired driving ( . . . ) if:

a) The defendant completes court ordered probation requirements; or

b) (i) the prosecutor agrees as part of a negotiated plea; and

(ii) the court find the plea to be in the interest of justice.”
Those facing impaired driving charges are less likely to spend time in jail and will usually have a smaller fine.

Additionally, those facing impaired driving charges will typically either have their driver’s license suspended for half the time of what can happen with a DUI or they may not lose their license at all.

Not for everyone

Not all DUI charges have the potential for being reduced to an impaired driving charge. These plea deals are saved for those who are first time offenders without a criminal history. If someone is hurt or if a minor is in the vehicle at the time of arrest, then a DUI charge will not decrease but increase instead to a class B misdemeanor. If a person is seriously injured because of someone negligently driving under the influence, then the charges can increase even higher to a third degree felony. This is the same charge for repeat offenders with two or more convictions of a DUI or impaired driving within the last 10 years. Regardless of whatever charges a defendant is facing, a criminal defense attorney will help ensure the best possible outcome for his client.

Squatter Charged with Aggravated Assault for Chasing Homeowner with Machete

A squatter has been charged with numerous offenses including aggravated assault for chasing the homeowner away with a machete.

Surprised homeowner

Photo by: Marcelo Braga

Photo by: Marcelo Braga

A Kearns Utah family came home to an unwanted holiday surprise when they returned to inspect the damage of their home after it suffered a terrible fire earlier in December. The homeowner noticed a car in the driveway and once inside, called out to the uninvited guest. They then observed the man leave the house and decided to follow him outside. It was there that the squatter, 25 year old Scott Thomson appeared with a machete threatening the homeowner with bodily harm.

Aggravated Assault

Although Thomson didn’t actually hurt the homeowner, the fact that he threatened them with harm is what brought the assault charges. Utah code 76-5-102 states that even attempting to do someone harm is considered assault. Adding what code 76-5-703 states is a “deadly weapon” raised that offense to aggravated assault. Threatening to do harm without causing bodily injury is assault, a class B misdemeanor. Making that same threat while holding a machete is aggravated assault, a 3rd degree felony. Charges of course increase if there is essentially harm done to the victim.

Aggressive, high, or scared?

It is unknown what Thomson’s state of mind was when he chased the homeowner away with a machete. There were drugs found at the scene and it is entirely plausible that he was under the influence of narcotics. Whether he acted out of aggression toward someone crashing his solo house party of out of fear of being caught didn’t matter to the responding officers. Once he advanced toward the homeowner while holding the machete he was facing aggravated assault charges. Acting unwisely in the heat of the moment is a precursor to many charges, including assault and aggravated assault. Requesting the aid of a criminal defense attorney will help bring all the surrounding factors into consideration before the judge decides on sentencing and punishment.

Utah Woman’s Self-Incriminating Information Leads to Charges of Sexual Exploitation of a Minor

A Cedar City Utah woman offered self-incriminating information to police which led to her arrest on charges of sexual exploitation of a minor. Her arrest came less than a month after her husband was arrested for similar charges.

Husband arrested first

Photo by: C.P.Storm

Photo by: C.P.Storm

32 year old Chad Ryan Huntsman of Cedar City Utah was arrested on September 3 after evidence surfaced that he had been downloading child pornography online. Police confiscated computers and smart phones from the Huntsman home where several hundred child pornography images were discovered. Mr. Huntsman was charges with sexual exploitation of a minor and aggravated child sexual abuse since some of the images found were of Huntsman with a child.

Wife joins husband in jail

Following her husband’s arrest for child abuse and child pornography, 26 year old Jessica Lynn Huntsman was speaking with investigators when she openly offered self-incriminating information. The information presented was how she would view the child pornography along with her husband. Once this statement was made, an investigation was opened on Mrs. Huntsman. Her phone was taken as evidence where a few images of child pornography were discovered. She was booked into Iron County Jail on charges on sexual exploitation of a minor.

Always have an attorney present

Regardless of whether or not there is evidence lurking out there that could put a person behind bars, it is always best to speak with investigators while being accompanied by an attorney. Although evidence was found showing Mrs. Huntsman had been involved in sexual exploitation of a minor, it isn’t uncommon for spouses to openly blame themselves for crimes committed by their significant other. This self-blaming can lead authorities to open an unnecessary investigation against a spouse, suspecting they are also guilty of a crime. A criminal defense attorney can help guide suspects and their spouses on how to best speak with authorities, especially when emotions are running high.