Impaired driving is a very special offense in Utah because there is nothing in the statute about the conduct that is considered criminal under the statute. Instead it is an offense that the legislature has set up to be a means of settlement between defense attorneys and prosecutors and is used as a replacement for a DUI charge in some cases. The idea behind the impaired driving statute is that even though both a first DUI and an impaired driving charge are class B misdemeanors the impaired driving is considered a lesser offenses in the eyes of the law, therefore, defendant’s have incentive to take a deal that includes an impaired driving. One thing to know however is that depending on your BAC some prosecutors may not find you eligible for an impaired driving charge and you will have to face the full DUI charge.
Why Impaired Driving is Better Than DUI
While the benefits of an impaired driving are not clear at first they are their if you known the details of the DUI process. After being arrested for a DUI your license will be taken from you and you will have an opportunity to have a drivers license division hearing to determine whether or not you are going to have your license suspended. In most scenarios the license is suspended, but there are situations where the driver gets their license back at this point in the process and it is not suspended. However, upon a conviction for a DUI the driver’s license division will suspend the license. So the benefit of the impaired driving charge is for one you don’t have a blatant DUI on your record, which may not be a big deal but if a layman looks up your record it usually looks better to them to see an impaired driving instead of a DUI. Second, if your licenses wasn’t suspended at the DLD hearing then you could avoid suspension entirely by reaching a plea agreement for an impaired driving charge instead of a DUI conviction.
Northern Utah DUI Attorney | Impaired Driving Charges
If you or a loved one has been charged with a DUI then call Ogden Criminal Defense today to see if a plea agreement for an impaired driving charge could be helpful for you. Our attorneys have helped hundreds of DUI clients and they can answer all your questions over the phone so call us today.