Only if you do not get convicted. 3rd offense is a minimum of 62.5 days in jail. However, you can be sentenced as follows: *3rd DUI or qualifying offense within 10 years* The Utah Driver License Division and the Utah Courts will impose sanctions on a person for being arrested and convicted of driving under the influence. The Utah Driver License Division may impose sanctions based on the person?s arrest. Additionally, the Utah Driver License Division will impose sanctions upon conviction. If convicted, Utah Courts will order mandatory sanctions. Additionally, there are a number of sanctions the Utah Court may order. Listed below, are the sanctions the Utah Driver License Division and Utah Courts will impose. *Crime:* 3rd Degree Felony driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration. *(See, Utah Code Ann. 41-6a-503(2))* * * *Imprisonment: *Utah Courts may impose a prison sentence for up to 5 years, but not less than 62.5 consecutive days. However, the Utah Courts may suspend the execution of the prison term and place the person on supervised probation. The Utah Courts may require participation in home confinement through the use of electronic monitoring. Additionally, the probation or parole may not be terminated. *(See, Utah Code Ann. **?**76-3-203(3), Utah Code Ann. **?**41-6a-505(3), Utah Code Ann, **?**41-6a-505(3)(a)(ii), Utah Code Ann. **?**41-6a-505(3)(b) and Utah Code Ann. **?41-6a-505(4)(b))* * * *Fine: *If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order a fine of up to $5,000.00, but not less than $1,500.00. *(See, Utah Code Ann. **?**41-6a-505(3)(a)(i) and Utah Code Ann. **?**76-3-301(1)(b)) * * * *DNA Specimen Analysis: *The Utah Courts must order the convicted person to provide a DNA specimen. *(Utah Code Ann. **?**53-10-403(2))* *Treatment: *If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order participation in a screening and an assessment. The Utah Courts must order substance abuse treatment at a substance abuse treatment program providing intensive inpatient treatment and long-term closely supervised follow-through after treatment for not less than 10 days. *(See, Utah Code Ann. **?**41-6a-505(3)(a)(iv))* * * *Probation: *If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order supervised probation for the person. *(See, Utah Code Ann. **?**41-6a-505(3)(a)(iii))* *Education: *If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order participation in an educational series. *(See, Utah Code Ann. **?**41-6a-505(4)(a))* * * *Driver License Suspension: *The Utah Driver License Division and/or the Utah Courts will revoke the person?s license or permit to operate a motor vehicle. *Utah Driver License Division*:* *If no request for a hearing is made to the Utah Driver License Division, the Utah Driver License Division will revoke the person?s license or permit to operate a motor vehicle in Utah for 2 years beginning on the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(B), Utah Code Ann. **?**41-6a-509(1)(a)(B)(I), Utah Code Ann. **?**41-6a-509(1)(a)(B)(II), Utah Code Ann. **?**53-3-223(7)(a) and Utah Code Ann. **?**53-3-223(7)(a)(i) and Utah Code Ann. **?** 53-3-223(7)(a)(i)(B))* * *If, after a hearing, the Utah Driver License Division determines that the police officer had reasonable grounds to believe that the person was driving a motor vehicle in violation of Utah Code 41-6a-502, the Utah Driver License Division will revoke the person?s license or permit to operate a motor vehicle in Utah for 2 years beginning on the 30th day after the date of arrest.* (See, Utah Code Ann. **?**41-6a-509(1)(a)(B), Utah Code Ann. **?**41-6a-509(1)(a)(B)(I), Utah Code Ann. **?**41-6a-509(1)(a)(B)(II), Utah Code Ann. **
Answered on Aug 27th, 2012 at 12:17 PM