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 to impaired driving with mandatory jail or community service even for first offenses, a 10-year lookback period, and mandatory ignition interlock devices for all DUI convictions. Utah also has a unique 'not a drop' law for people under 21 and requires a supervised probation period 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 | Mandatory minimum 48 hours in jail OR 48 hours of community service (in lieu of jail at court discretion) | $1,310 minimum (includes surcharges); up to $1,800+ | 120 days | Required for 18 months (mandatory for all DUI convictions) |
| 2nd Offense | Class A Misdemeanor | Mandatory minimum 240 hours (10 days) in jail or home confinement with electronic monitoring | $1,560 minimum (includes surcharges); up to $2,850+ | 2 years | Required for 3 years following license reinstatement |
| 3rd Offense | Third-Degree Felony | Mandatory minimum 1,500 hours (62.5 days) in jail or prison; up to 5 years | $2,850 minimum (includes surcharges); up to $5,000+ | 2 years | Required for 3 years following license reinstatement |
| Felony | Third-Degree Felony | Up to 5 years in Utah State Prison; mandatory minimum 1,500 hours (62.5 days) | $2,850 to $5,000+ (includes surcharges) | 2 years; may face longer suspension upon subsequent felonies | Required for 3 years minimum following license reinstatement |
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 minimum if jail alternative is used; may also be ordered in addition to jail | 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: 18-month license revocation and mandatory ignition interlock for 3 years upon reinstatement. Second or subsequent refusal: 36-month license revocation. Refusal does not prevent arrest or prosecution — officers may obtain a warrant for a blood draw. The refusal itself can be introduced as evidence at trial.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.16% or higher | Enhanced sentencing; longer jail time and higher fines at court discretion |
| Passenger under 16 in the vehicle | Enhanced penalties including additional jail time; potential child endangerment charges |
| Causing bodily injury while DUI | DUI with injury — third-degree felony with up to 5 years in prison |
| Causing death while DUI (Automobile Homicide) | Second-degree felony with 1 to 15 years in prison; first-degree felony if prior DUI conviction |
| 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: DUI with Injury — Third-Degree Felony; Automobile Homicide — Second-Degree Felony
DUI causing bodily injury: third-degree felony, up to 5 years in prison, fines up to $5,000, and license revocation. Automobile homicide (DUI causing death): second-degree felony with 1 to 15 years in prison. If the offender has a prior DUI conviction, automobile homicide is elevated to a first-degree felony with 5 years to life in prison.
Underage DUI
Drivers under 21 with any measurable BAC face a 'Not a Drop' violation: license suspension until age 21 or 6 months (whichever is longer), $250+ fine, and mandatory substance abuse assessment. If the minor's BAC is 0.05% or higher, standard adult DUI charges apply with all corresponding penalties. A minor's DUI conviction cannot be expunged until the minor turns 18 and meets all conditions.
Diversion Programs
Program: DUI Court / Drug Court Programs
Utah operates specialty DUI courts in several judicial districts that serve as an alternative to traditional prosecution for repeat DUI offenders or those with substance dependency issues. These programs typically last 12-18 months and include intensive supervision, frequent drug/alcohol testing, treatment, and court appearances. Some first-time offenders may also be eligible for plea-in-abeyance agreements where charges can be dismissed upon completion of conditions.
Eligibility: DUI courts typically target repeat offenders or those with diagnosed substance abuse disorders. Plea-in-abeyance agreements are generally available only for first-time offenders with BAC below the enhanced penalty threshold and no aggravating factors. Availability varies by judicial district and prosecutor discretion.
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 expungement of DUI convictions in most cases, though a plea-in-abeyance that is successfully completed and dismissed may be expungeable. For sentencing enhancement purposes, prior DUIs within the past 10 years count as priors.
Key Statutes
- Utah Code § 41-6a-502
- Driving under the influence of alcohol, drugs, or combination — primary DUI statute
- Utah Code § 41-6a-503
- Penalties for DUI violations — jail, fines, and license suspension schedules
- Utah Code § 41-6a-518
- Ignition interlock device requirements — mandatory IID for all DUI convictions
- 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
- Not a Drop law — underage DUI provisions
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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