State v. Ainsworth

Associate Chief Justice Lee, opinion of the Court:

*1231 ¶ 1 The Utah Code prescribes two sets of offenses for drivers who cause death or serious bodily injury with alcohol or drugs in their system. Under the DUI provisions of the code it is a third degree felony to cause death or serious bodily injury while under the influence of alcohol or any drug "to a degree that renders the person incapable of safely operating a vehicle." The "measurable substance" provisions set forth a related offense. Under these provisions it is a second degree felony to cause death or serious bodily injury with any…