SALT LAKE CITY — The severity of the sentence in a latest, deadly DUI hit-and-run largely will depend on the decide presiding over the case, mentioned a county lawyer in Utah.
On April 26, Mason Andrew Ohms, 50, allegedly struck and killed 13-year-old Eli Mitchell, who was touring dwelling from the grocery retailer on his bicycle at 1510 West 9000 South in West Jordan.
Ohms allegedly fled the scene however was later arrested. He was formally charged Wednesday with car murder, a second-degree felony, leaving the scene of an accident and obstructing justice, each third-degree felonies.
Warrants had been obtained and blood exams had been taken from Ohms an hour aside. The primary take a look at confirmed a blood-alcohol content material of 0.10%. The second take a look at registered a BAC of 0.08%.
Utah DUI legal guidelines
Davis County Lawyer Troy Rawlings spoke with KSL NewsRadio’s Dave & Dujanovic to clarify driving underneath the affect (DUI) legal guidelines and their related penalties.
“In response to experiences, this individual apparently has 4 prior convictions for driving underneath the affect. That looks like rather a lot to me. When does DUI equal jail time?” Dave requested.
“In Utah, there are just a few circumstances underneath which that may happen,” Rawlings mentioned. “Considered one of them — and the one we see essentially the most — might be in the event that they’ve had two prior offenses inside 10 years, two convictions. The third one inside 10 years then can develop into a third-degree felony, which topics them to a possible zero to 5 years within the Utah State Jail.”
Learn extra in regards to the DUI sentencing legal guidelines in Utah here.
If an impaired driver causes bodily damage to a different individual, Rawlings mentioned, the offense can rise to a felony-level DUI.
“If they’ve a previous felony DUI conviction or car murder, it may additionally develop into a third-degree felony DUI,” he added.
Jail or jail for DUI?
“To me, this simply looks like individuals get a ton of probabilities,” Debbie mentioned, after reviewing the sentencing pointers referenced above.
Rawlings mentioned the DUI sentence will depend on the circumstances and the defendant’s prison historical past in any given case.
“There are some pointers,” he mentioned. “There are some minimum-mandatory timeframes that lots of people most likely would assume are fairly brief. Like for instance, on the third-degree felony DUI, the minimal necessary is 60 days, and [there] may be some digital dwelling confinement, issues like that based mostly upon the circumstances.”
Rawlings mentioned the sentence also can rely on the decide listening to the case.
“On a third-degree felony, the decide might ship them to jail, after which it’d be as much as the Board of Pardons and Parole to find out how lengthy they keep. Or, the decide might give them the 60- or the 120-days or extra, relying on the circumstances.”
Bars, nightclubs and taverns additionally bear duty in DUI circumstances
“The costs, on this case, say the person consumed seven 20-ounce beers within the 5 hours resulting in the crash [that killed Eli Mitchell]. Can bars be held chargeable for serving somebody an excessive amount of alcohol?” Dave requested.
“They will, each civilly and criminally,” Rawlings mentioned
First, he mentioned, there are individuals who by regulation or courtroom order can’t legally be served alcohol inside a bar or nightclub. The bartender or proprietor can face a Class B misdemeanor if the regulation is violated, he mentioned.
If a server provides an “truly or apparently” intoxicated individual alcohol, it can lead to a Class A or B misdemeanor. Rawlings mentioned.
“In the event that they serve them alcohol recklessly, it’s a Class B misdemeanor. In the event that they do it knowingly, it’s a Class A misdemeanor.”
Dave & Dujanovic may be heard weekdays from 9 a.m. to midday. on KSL NewsRadio. Customers can discover the present on the KSL NewsRadio web site and app, in addition to Apple Podcasts and Google Play.