What Is 'Impaired Driving' Under Utah Law?
Utah Code § 41-6a-502.5 establishes a separate offense called 'impaired driving' that is distinct from a DUI conviction under § 41-6a-502. The charge carries reduced penalties and — critically — does not trigger the automatic license suspension consequences of a DUI conviction.
Key Differences From a DUI Conviction
- No mandatory minimum jail time on a first offense
- No automatic license suspension from the criminal conviction itself
- Not counted as a prior DUI for future felony enhancement purposes
- Reduced fines compared to standard DUI
- No mandatory ignition interlock device requirement from the conviction
- Better employment consequences — background checks often distinguish DUI from impaired driving
Who Qualifies
A plea to impaired driving requires negotiation with the prosecutor. Factors that influence availability: BAC level near the 0.05% threshold, no prior DUI or criminal history, no accident or injury, and strong defense arguments that make the DUI conviction less certain. The last point is critical — prosecutors don't offer this reduction out of generosity. Defense strength creates the leverage.
Call (801) 627-1110 to discuss whether this strategy fits your case. Free consultation 24/7.