QUESTION

Will this third DUI be considered a felony?

Asked on Apr 25th, 2015 on DUI/DWI - Utah
More details to this question:
I was charged with a DUI 8 years ago, dropped to a reckless with alcohol then 2 years later I refused to blow. My license was revoked for 18 months and then I had the blower installed for 1 year. I was given zero alcohol content for 10 years. I was arrested last night. I blew a .4.
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1 ANSWER

Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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The statute states that a third DUI within 10 years can be charged as a third degree felony. This includes any offense which the statute states is enhanceable, such as a reckless driving, alcohol related. If all three convictions are within the ten year period, the third offense can be filed as a felony, although it may not be filed as a felony.
Answered on Apr 29th, 2015 at 1:17 PM

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