DUI Laws in Utah (DUI)
Utah uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.05% (lowest in the nation since December 30, 2018). The lookback period is 10 years. 3rd DUI within 10 years. Below are the full details of Utah's DUI laws and penalties.
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Overview
Utah made national headlines in 2018 by becoming the first state to lower its legal BAC limit to 0.05%, the strictest standard in the United States. The state takes an aggressive approach: mandatory jail or compensatory service even for first offenses, a 10-year lookback period, interlock-restricted-driver status after alcohol-related DUI convictions, and — since 2024 — sharply higher 'Extreme DUI' mandatory minimums (BAC 0.16% or higher, or drugs combined with any alcohol). A guilty or no-contest plea to DUI may not be held in abeyance (Utah Code § 41-6a-502(7)), and since January 1, 2026 Utah courts can designate repeat and Extreme DUI offenders as interdicted persons barred from buying alcohol. Utah also has a unique 'not a drop' law for people under 21 and requires supervised probation with alcohol/drug screening for most DUI offenders.
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.05% (lowest in the nation since December 30, 2018) |
| Commercial (CDL) | 0.04% |
| Under 21 | Not a drop (any measurable amount) |
| Enhanced Penalty | 0.16% |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Class B Misdemeanor (Class A with one prior DUI within 10 years, a passenger under 16, or — for drivers 21+ — a passenger under 18) | At least 2 days in jail or at least 48 hours of compensatory-service work (§ 41-6a-505). Extreme DUI (BAC 0.16%+, or 0.05%+ with any measurable controlled substance): at least 5 days in jail, or at least 2 days in jail plus at least 30 consecutive days of home confinement with electronic monitoring. Completing a 24-7 sobriety program can replace the entire mandatory jail term on a first conviction | Minimum fine $700 plus the 90% criminal surcharge — a first misdemeanor DUI totals $1,383 in district court and $1,390 in justice court under the 2026 Uniform Fine Schedule (§ 41-6a-505; § 51-9-401) | 120 days (§ 41-6a-509); under the 2026 amendments the administrative suspension begins on the 60th day after arrest and a hearing must be requested within 10 calendar days (§ 53-3-223) | Interlock-restricted-driver status for 18 months (§ 41-6a-518.2); a probation interlock condition is also required unless the court states on the record that it is unnecessary (§ 41-6a-518). An Extreme DUI makes the interlock order mandatory |
| 2nd Offense | Class A Misdemeanor | At least 10 days in jail, or at least 5 days in jail plus at least 30 consecutive days of home confinement with electronic monitoring (§ 41-6a-505). Extreme DUI: at least 20 days in jail, or 10 days plus 60 days home confinement, or 10 days plus substance-abuse treatment if the court finds treatment more likely to reduce recidivism. A 24-7 sobriety program can suspend the remainder after 5 days served | Minimum fine $800 plus the 90% surcharge (roughly $1,560 all-in under the 2026 Uniform Fine Schedule); up to $2,850+ | 2 years | Required for 2 years — a prior conviction within 10 years triggers the 2-year interlock-restricted-driver period (§ 41-6a-518.2) |
| 3rd Offense | Third-Degree Felony | Up to 5 years in prison. With a suspended prison sentence: Extreme DUI — at least 120 days in jail plus at least 120 consecutive days of home confinement with electronic monitoring, supervised probation, and interdicted-person designation; other felony DUI — at least 60 days in jail plus at least 60 days of home confinement (§ 41-6a-505(9), (11)). A 24-7 sobriety program can suspend mandatory jail after 10 days served | Minimum fine $1,500 plus surcharges (a felony DUI with a suspended prison sentence totals $2,903 under the 2026 Uniform Fine Schedule); up to $5,000 | 2 years | Required for 3 years — the felony tier of the interlock-restricted-driver period (§ 41-6a-518.2) |
| Felony | Third-Degree Felony | Up to 5 years in Utah State Prison; if the prison sentence is suspended — Extreme DUI: at least 120 days jail plus 120 days home confinement; other felony DUI: at least 60 days jail plus 60 days home confinement, plus supervised probation (§ 41-6a-505(9), (11)) | Minimum fine $1,500 plus surcharges — $2,903 all-in under the 2026 Uniform Fine Schedule; up to $5,000 | 2 years; may face longer suspension upon subsequent felonies | Required for 3 years — a felony DUI triggers the 3-year interlock-restricted-driver period, and automobile homicide a 4-year period (§ 41-6a-518.2) |
Felony threshold: 3rd DUI within 10 years, OR any DUI with prior felony DUI conviction. Lookback period: 10 years.
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | 48 hours of compensatory-service work is the alternative to the 2-day jail minimum; more may be ordered in addition | Up to 2 years supervised probation with alcohol/drug screening | Prime for Life or equivalent court-approved alcohol education program (16 hours); substance abuse assessment required |
| 2nd Offense | As ordered by the court in addition to mandatory jail | Up to 2 years supervised probation | Court-ordered substance abuse treatment program; assessment determines level of treatment |
| 3rd Offense | As ordered by the court | Up to 5 years supervised probation | Court-ordered intensive substance abuse treatment; residential treatment may be required |
| Felony | As ordered by the court | Up to 5 years supervised probation with intensive monitoring | Court-ordered intensive outpatient or residential substance abuse treatment program |
Implied Consent Law
Utah's implied consent law (Utah Code § 41-6a-520) provides that any person operating a motor vehicle in Utah consents to chemical testing of breath, blood, or urine when a peace officer has grounds to believe the person is under the influence. Officers must advise drivers of the consequences of refusal.
Refusal penalties: First refusal (age 21+): 18-month license revocation; with a qualifying prior within 10 years: 36 months (§ 41-6a-521). Request a hearing within 10 calendar days — the hearing must be held within 45 days of arrest and revocation begins on the 60th day (2026 amendments). After 90 days of revocation an eligible driver may elect a 2-year ignition interlock restriction (§ 41-6a-521(8)(a)). Refusal does not prevent prosecution — officers may obtain a warrant for a blood draw, and if a warrant issues, refusing that draw is itself a separate crime under § 41-6a-520.1 (class B default, 24 hours more jail and $100 more fine than § 41-6a-505 would require, no plea in abeyance). The refusal can be introduced as evidence at trial.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.16% or higher | Meets the 'Extreme DUI' definition (§ 41-6a-501(1)(f)): sharply higher mandatory minimum jail (at least 5 days first offense, at least 20 days second), mandatory ignition interlock and interdicted-person designation, and no impaired-driving (§ 41-6a-502.5) reduction. § 41-6a-505's .16 provision also requires treatment plus an interlock, a continuous-alcohol-monitoring ankle device, or home confinement |
| Passenger under 16 in the vehicle | Makes the offense a class A misdemeanor even on a first offense (§ 41-6a-502(2)(b)); a separate offense applies for each child passenger, and a driver 21+ with any passenger under 18 also faces class A |
| Causing bodily injury while DUI | Negligently operating a vehicle resulting in injury (§ 76-5-102.1): class A misdemeanor, a separate offense for each victim, mandatory interdicted-person designation, no plea in abeyance — elevated to a third-degree felony on serious bodily injury or qualifying prior DUI-related convictions |
| Causing death while DUI (Automobile Homicide) | Automobile homicide (§ 76-5-207): second-degree felony, imprisonment of not less than 5 nor more than 15 years (a reduced 3–15-year term is possible on findings under § 76-5-207(7)); a separate offense for each victim and a 4-year interlock restriction. There is no first-degree tier — a prior DUI conviction, or even a prior automobile homicide, keeps the offense in second degree |
| Driving on a suspended or revoked license (DUI-related) | Class B misdemeanor stacked on top of DUI charges; mandatory additional jail time |
| Prior felony DUI conviction | Any subsequent DUI is automatically a third-degree felony regardless of time elapsed |
DUI with Injury
Classification: Injury: § 76-5-102.1 Class A Misdemeanor (Third-Degree Felony on serious injury or priors); Automobile Homicide — Second-Degree Felony
DUI-related injury is charged as negligently operating a vehicle resulting in injury (§ 76-5-102.1): class A misdemeanor by default — a separate offense for each victim, mandatory interdicted-person designation, and no plea in abeyance — elevated to a third-degree felony on serious bodily injury or qualifying prior DUI-related convictions. Automobile homicide (§ 76-5-207): second-degree felony of 5 to 15 years (3–15 on findings under § 76-5-207(7)), a separate offense per death, and a 4-year ignition interlock restriction. A first DUI itself is not a felony — felony status requires two or more priors each within 10 years or a prior felony DUI.
Underage DUI
Drivers under 21 with any measurable alcohol violate the Not-a-Drop law (§ 53-3-231): license denial or suspension of at least 6 months on a first violation; until age 21 or 2 years, whichever is longer, on a second or subsequent within 10 years. The administrative action begins on the 60th day after arrest, with a 10-calendar-day window to request a hearing. If the driver's BAC is 0.05% or higher, standard adult DUI penalties apply; conviction-based suspensions run until age 21 for drivers under 19, and until age 21 or 1 year (whichever is longer) for drivers aged 19–20.
Diversion Programs
Utah does not currently offer a formal DUI diversion program. Utah law prohibits holding a guilty or no-contest plea to DUI in abeyance (§ 41-6a-502(7)), so the common first-offender dismissal-by-diversion route does not exist for DUI. The main negotiated reduction is impaired driving (§ 41-6a-502.5): with the prosecutor's agreement a class B DUI plea can be entered as an impaired-driving conviction — still a conviction, but a one-degree reduction, and it can end a 120-day administrative suspension early. Specialty DUI/problem-solving courts exist in several judicial districts and can shorten license suspensions and shape sentencing, but they do not dismiss the charge.
How Long a DUI Stays on Your Record
A DUI conviction stays on your Utah driving record for 10 years and on your criminal record permanently. Utah does not allow a DUI plea to be held in abeyance (§ 41-6a-502(7)), so the old abeyance-completion path to dismissal no longer exists; DUI convictions are generally not eligible for expungement. For sentencing enhancement purposes, prior DUIs within the past 10 years count as priors — and a DUI charged after a felony DUI conviction is a felony no matter how much time has passed.
Key Statutes
- Utah Code § 41-6a-502
- Primary DUI statute — offense elements and classification (class B default, class A triggers, third-degree felony tiers); bars plea in abeyance
- Utah Code § 41-6a-505
- Sentencing requirements by tier — Extreme and non-Extreme DUI mandatory minimums (replaced former § 41-6a-503, repealed 2023)
- Utah Code § 41-6a-518
- Ignition interlock as a probation condition; see also § 41-6a-518.2 (interlock-restricted-driver periods: 18 months / 2 years / 3 years / 4 years)
- Utah Code § 41-6a-520
- Implied consent — chemical testing requirements upon arrest
- Utah Code § 76-5-207
- Automobile homicide — DUI causing death
- Utah Code § 41-6a-530
- Alcohol-restricted-driver status — prohibits driving with any measurable alcohol for 2–10 years depending on the predicate offense (the Not-a-Drop law for drivers under 21 is § 53-3-231)
Frequently Asked Questions
What is the legal BAC limit in Utah?
Is a first DUI a felony in Utah?
How long does a DUI stay on your record in Utah?
Do you need an ignition interlock device for a first DUI in Utah?
Can you get a DUI expunged in Utah?
What happens if you refuse a breathalyzer in Utah?
How much does a DUI cost in Utah?
Can you get a restricted license after a DUI in Utah?
Related Guide
DUI license recovery in Utah→Step-by-step guide to getting your license back after a DUI in Utah — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Utah Driver License Division — DUI Information
Utah Driver License Division — license reinstatement, IID requirements, and hearing information.
- Utah DUI Statutes — Official Code
Full text of Utah Code Title 41, Chapter 6a, Part 5 covering DUI offenses and penalties.
- Utah Courts — DUI Court Programs
Information on Utah's specialty court programs including DUI court options.
- Utah Legal Aid — Free Legal Resources
Utah Legal Services providing free legal help for qualifying individuals.
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