An “Extreme” DUI in Utah is not a term used in Utah DUI statutes but judges, prosecutors and defense attorneys seem to use this term to describe a DUI that gets enhanced for several different reasons as described below.
First Offense Class B Misdemeanor
.160 or above Breath/Alcohol level
BAC .05 or higher + any measurable controlled substance
Combination of two or more controlled substances
First Offense Class A Misdemeanor
If bodily injury
if passenger is under 16
if passenger is under 18 and driver is 21 or older
if driving in the wrong direction on a freeway or controlled-access highway
What really gets’s a DUI enhanced in Utah is when a person has a second, third, or multiple offenses within a 10 year period. The enhancements involved with a so-called “extreme DUI” involves stiffer penalties including fines, jail time, probation terms, and license consequences. Further, the extreme nature of these circumstances can prevent any plea offering from the prosecutor or even being accepted by a judge.