UTAH DUI LAW

Blood Alcohol Content (“BAC”) for a DUI in UTAH:

• Standard BAC: .08% or above
• Zero Tolerance BAC (under 21): any consumption of alcohol - .0%
• Commercial Drivers: .04% or above
• High BAC: .16% or above (penalties may be increased with judge’s discretion)

Implied Consent and Chemical Test Refusal:

In Utah, an officer who has a reasonable cause to believe the driver is under the influence of alcohol or drugs has the right to stop the driver and request the driver to take a blood, breath, or urine test. Refusal to take the test, regardless of whether the driver is guilty, is grounds for revoking the driver’s license for 18 month after the first refusal and 2 years after every subsequent refusal.

Note: DUI laws in Utah vary widely from county to county. DUI charges can have serious and long-term consequences. A Utah DUI attorney may be able to assist you in understanding all of your options and in representing you (the driver) in the criminal and administrative case.

DUI Arrest/Civil Case

Potential Penalties:

Note: After a DUI conviction, the driver may have to submit to alcohol and drug testing and participate in a substance abuse treatment and education program. Also, the driver’s car may be impounded. The reclamation fee is $330.

• License Suspension:
  • First DUI Conviction: 120 days
  • Second & Subsequent Conviction in Five Years: 1 year
• Limited License: In certain circumstances the court may allow the driver to have a limited license to drive to and from work, only if the driver can show that his or her livelihood depends of it.
• Monetary Fines:
  • First DUI Conviction: $700 minimum
  • Second DUI Conviction: $800 minimum
  • Third DUI Conviction: $1500 minimum
• Community Service:
  • First DUI Conviction: Community service may substitute for jail at the discretion of the judge.
  • Second DUI Conviction: 240 hours or 10 days of community service.
  • Third DUI Conviction: At the discretion of the judge.
• Ignition Interlock: This device will prevent the car from starting unless the driver is sober. A driver may be ordered to install the ignition interlock after a first DUI. After each subsequent DUI conviction, within 10 years, the driver is required to install the ignition interlock device for three years
• Probation: When the first DUI occurs, the judge has the desecration to order supervised probation. After the first DUI (within 10 years), the judge is required to order supervised probation.
• Prison Time:
  • First DUI Conviction: At least 48 hours in jail (may be substituted for by electronic home confinement and community service).
  • Second/Third DUI conviction: At least 240 hours.
  • Fourth DUI conviction: At least 1500 hours.

DUI Criminal Case

When arrested for DUI, the driver has a right to a Utah DUI attorney to help him or her in navigate through Utah’s criminal justice system.

The first and second DUI convictions are charged as a class B misdemeanor. If the drunk driver has a passenger under 16 in the car or causes injury to another, the charges go up to a class A misdemeanor. If a drunk driver caused serious bodily injury to another or the driver was previously convicted for two DUIs, the driver may be charged with a felony.

DUI Administrative Case

Aside from the criminal case, the DMV (Department of Motor Vehicles) files a civil administrative case. The only possibly consequences of the administrative case are license related. Even if no criminal charges are brought or the driver is not convicted, his or her license may still be suspended in the administrative case.

Reinstating Your License After a DUI Conviction:

• The reinstatement fee is $250
• Proof of car insurance
• Completion of all court imposed conditions

Effect of DUI on Car Insurance:

To qualify for the driver’s license reinstatement, the driver must show proof of car insurance and present it to the Utah DMV. This is done by driver’s insurance company sending a SR-22 Proof of Coverage Certificate to the DMV. Also, it is important to know that the driver’s insurance carrier may decide not to continue the insurance coverage after the DUI conviction or may raise insurance rates.

Effect of DUI on Driving Record: In Utah, a DUI conviction may be removed from the drivers record after 10 years.

Under 21 and DUI: A driver under the age of 21 cannot drive after consuming any amount of alcohol. The penalty for a first violation is a 90 day license suspension. The penalty for a second violation is one year license suspension.

Utah Resources

Utah DMV

Utah State Statutes