§ 41-6a-503 Penalties for driving under the influence violations

§ 41-6a-503. Penalties for driving under the influence violations

    (1) A person who violates for the first or second time 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 who violates 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 10 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.

    (3) A person is guilty of a separate offense for each victim suffering bodily injury or serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a result of the person's violation of Section 76-5-207 whether or not the injuries arise from the same episode of driving.