Facing a felony DUI charge can be an intimidating experience, especially if you feel remorse for your offense and any tragedy it has caused. However, in Utah it is possible to reduce your felony charge to a misdemeanor conviction under Utah Code 76-3-402, also known as a Utah 402 reduction. Whether or not your case qualifies depends largely on the circumstances of his case, his attitude, the opinion of the prosecutor and the testimony of the victims.
Misdemeanor reductions under rule 402 are prohibited by law. Only felonies are eligible for reduction, either to a misdemeanor felony or a misdemeanor. DUI offenses that are felonies in Utah and therefore eligible for the 402 reduction are:
• First or second DUI with two or more prior convictions in the last 10 years
• Second DUI with a previous felony DUI offense
• First or second DUI with prior conviction for motor vehicle manslaughter that occurred after 07/01/01
• DUI with third degree serious bodily injury
• Automobile manslaughter – DUI resulting in death of another second degree
Whether your specific case is eligible for reduction is largely up to the discretion of the court. Factors that will determine whether you qualify for a 402 reduction include:
• If you meet all the requirements of your initial sentence and are successfully discharged from probation
• The prosecutor’s position on the matter
• The position of the victims in this regard.
• The nature and circumstances of the crime.
• Your history and character
• If the court determines that a misdemeanor is in the interest of justice
If you are on the Utah Sex Offenders and Kidnappers Registry, you will not be eligible for a 402 reduction until your registration requirements expire. If you must be a registered sex offender for life, you will not qualify for this reduction. An experienced Utah DUI defense attorney will be able to examine your case to determine eligibility for the 402 reduction, as well as fight to obtain the reduction.
Unless the prosecutor specifically agrees in writing or in court records to reduce your offense by two degrees, your 402 reduction will only be valid for one degree of your offense. The court cannot under any circumstances reduce a charge under Utah Code 76-3-402 more than two degrees. For DUI this means that it is possible:
• Reduce a third degree felony (most DUI felonies) to a Class A misdemeanor
• Reduce a third degree felony to a Class B misdemeanor with the support of the prosecution
• Reduce a second degree felony (motor vehicle homicide) to a third degree felony
• Reduce a second degree felony to a Class A misdemeanor
The offender will serve his sentence according to the new charge, although the name of the crime will not be altered. Additionally, any additional sanctions or legal enhancements imposed on the original level of violation will count as a level of reduction if removed.
Once the 402 reduction is completed and you have successfully completed your sentencing requirements, your record is eligible to be expunged. A 402 reduction and subsequent elimination, therefore, could greatly affect your ability to have a successful future and reduce your chances of recidivism.