What Are Further Consequences Someone Could Face If They Have A Felony DUI Conviction?
A Felony DUI conviction carries certain additional consequences. Most importantly, it’s going to affect your right to possess a firearm, in fact, any kind of felony is serious for that reason and for other reasons.
In Utah, if you’ve got a felony DUI conviction, there is a mandatory minimum jail sentence that goes along that. The mandatory minimum sentence is 60 days, which means you’re going to have a jail sentence at the very least of 60 days. That’s very serious, that’s more jail time than many felony convictions would carry. The reason for that is that it’s a minimum that is prescribed by the state legislature and the judge doesn’t have a choice but to sentence you that.
In a felony, if the circumstances of the DUI are more severe, for example if there were people hurt or if it was something really dangerous and the judge feels like he needs to make an example of you because you may have done something particularly egregious or particularly dangerous, you could end up doing up to five years. If it’s a third degree felony, you could do five years in prison for that. That’s not the norm but it’s certainly something that’s possible.
What Are Some Other Things To Know About CDL License Holder When It Comes To A DUI Conviction?
If you have a CDL, a DUI becomes much more serious; it’s a DUI on steroids. Because of that CDL, there are certain additional driver’s license consequences.
First of all, if you have a CDL, it can be suspended for a year. If you have your blood alcohol tested or your breath alcohol tested and that test result comes up to above a 0.04, then you can have your license suspended just for that and that’s not even DUI level. The DUI level is 0.08. in Utah. That means if you have half that much in your breath or your blood and you have a CDL, you’re facing a suspension for that.
If you’re convicted of a DUI, regardless of what your blood alcohol level is, you’re going to have a license suspension for that as well. That’s a longer suspension and if that’s what you’re relying on for your job, that’s going to take you out of the game for at least a year.
Are There Cases Where You Can Actually Lose Your CDL License For Good?
Yes. Not for the first time DUI but if you have a subsequent conviction after a first conviction for a DUI, then you can lose a CDL endorsement for a year. You may still be able to have a driver’s license but it won’t be CDL, you could lose a CDL for ever.
If Someone Is Convicted Of A DUI In An Accident That Caused Injuries, Can Health Insurance Companies Deny Or Limit Coverage In Those Cases?
That’s possible, and that would come out through an additional civil action. It wouldn’t have anything to do with the criminal courts.
When you have insurance coverage, if they can deny coverage based on willful or reckless endangerment that’s not covered by the policy, then you can end up paying somebody’s medical bills. That can be hundreds of thousands of dollars or at least tens of thousands of dollars even in the best case scenario.
A Felony DUI Can Have Extremely Harsh Consequences. Call the law office of Attorney Court Koehler for a free initial consultation at (801) 200-3795 and get the information and legal answers you’re seeking.