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 person has two or more prior convictions as defined in Subsection 41-6a-501(2),
each of which is within ten years of:
(i) the current conviction under Section 41-6a-502; or
(ii) the commission of the offense upon which the current conviction is based; 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.
Amended by Chapter 261, 2007 General Session
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Last revised: Thursday, May 01, 2008