A Complete Guide to Utah DUI Laws: From First Offense to Felony Charges

June 21, 2025

A Complete Guide to Utah DUI Laws: From First Offense to Felony Charges

Introduction

Utah has some of the nation's most stringent "Driving Under the Influence" (DUI) laws, notably being the first state to lower its legal Blood Alcohol Concentration (BAC) limit to $0.05%$ for most drivers. The state's approach emphasizes significant penalties that escalate with prior offenses and aggravating factors, mandatory alcohol screening and treatment, and extensive use of Ignition Interlock Devices (IIDs) and the 24/7 Sobriety Program.

The General Framework of Utah DUI Laws

In Utah, a person commits a DUI offense if they drive or are in actual physical control of a vehicle while:

"Per Se" DUI (BAC $0.05%$ or more): Having a BAC of $0.05%$ or higher. This is a strict liability offense; no additional proof of impairment is required.
Impaired DUI: Under the influence of alcohol, drugs (including prescription or over-the-counter medications if they impair driving), or a combination of these, to a degree that renders the person incapable of safely operating a vehicle. This applies even if the BAC is below $0.05%$ if impairment is evident.
Presence of Controlled Substances: Having any amount of a controlled substance (or its metabolite) in their body, unless lawfully prescribed.

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Actual Physical Control (APC): You can be charged with DUI even if you are not actively driving but are in "actual physical control" of a vehicle (e.g., asleep in the driver's seat with keys in the ignition or vehicle running).

Special BAC Limits:

Commercial Drivers: A BAC of $0.04%$ or more.
Drivers Under 21 (Zero Tolerance Law - "Not-a-Drop" Policy): Any detectable amount of alcohol in their system ( $0.00%$ BAC is the practical standard). If an underage driver has a BAC of $0.05%$ or higher, they face the same DUI charges as adults, in addition to underage drinking penalties.

Implied Consent Law

Utah's implied consent law (Utah Code Ann. § 41-6a-520) means that by operating a motor vehicle in the state, you automatically consent to a chemical test (breath, blood, or urine) to determine the alcohol or drug content in your system if lawfully arrested for DUI.

Refusal to Test: Refusing to submit to a chemical test after a lawful DUI arrest triggers automatic administrative license suspension by the Utah Driver License Division (DLD), separate from any criminal conviction for DUI. Your refusal can also be used as evidence against you in court.

First refusal: 18-month license suspension.
Second or subsequent refusal (within 10 years of a prior refusal or DUI conviction): 36-month (3-year) license suspension.
Underage drivers (under 21): 2-year license revocation, or until age 21, whichever is longer.

You have only 10 days from the notice of suspension to request an administrative hearing to contest the suspension.

Utah DUI Statistics

Utah's lowering of the BAC limit to $0.05%$ has been a significant change, and recent data provides insight into its impact on DUI arrests and crash statistics.

In Fiscal Year (FY) 2024, there were 11,440 DUI-related arrests in Utah, a slight increase of 2% from FY 2023. This marks a rebound after a steady decline in DUI arrest rates over the past 15 years, even as the population has significantly increased.
The majority of DUI arrests (82%) in FY 2024 were for "per se" violations, meaning the driver's BAC was over the legal limit.
Alcohol-related fatalities decreased significantly by 32% in Calendar Year (CY) 2023, dropping to 47 from 69 in CY 2022. Alcohol-related crashes also decreased by 7%.
Drug-positive driver fatalities also saw a significant decrease of 29% in CY 2023, the first decline in 10 years, though still higher than 2019 levels.
Overall, the percentage of crash fatalities related to alcohol or drugs decreased from 70% in 2022 to 56% in 2023, indicating positive trends in the immediate aftermath of the lower BAC limit.

Penalties for DUI in Utah

Utah uses a 10-year "look-back" period for determining if a DUI offense is a repeat offense for enhanced penalties. DUI convictions are permanent on your criminal record and generally cannot be expunged.

Alcohol Restricted Driver (ARD) Status: Upon a DUI conviction, you will be classified as an Alcohol Restricted Driver. This means you are prohibited from driving with any measurable amount of alcohol in your system. This restriction applies for:

First offense: 2 years.
Second offense: 10 years.

DUI Education & Treatment: All DUI offenders are required to undergo a substance abuse screening and assessment. Based on this assessment, the court will mandate participation in a state-approved DUI education program (e.g., PRIME for Life) or more intensive substance abuse treatment.

24/7 Sobriety Program: Utah has implemented the 24/7 Sobriety Program statewide. This program requires participants to undergo daily alcohol testing (typically twice a day via Breathalyzer) to maintain sobriety. It is often a condition for obtaining limited driving privileges (work permits) during license suspension periods, as part of probation, or as an alternative to jail time. Non-compliance results in immediate sanctions like short jail commitments.

First Offense DUI (Class B Misdemeanor)

Jail Time: Mandatory minimum 48 consecutive hours (can be served via community service or home confinement with electronic monitoring). Max up to 180 days.
Fines: Minimum $700 (plus court costs and surcharges, often totaling $1,850 or more).
License Suspension: 120 days.
- Eligibility for a restricted license (work, school, treatment) after a waiting period, often with mandatory IID.
IID: Mandatory for 18 months upon license reinstatement (if BAC $0.05%$ or more, or based on judge's discretion for lower BAC).
DUI School/Alcohol Treatment: Mandatory evaluation and compliance with recommendations.
Other: Possible probation (up to 18 months), SR-22 insurance requirement, DNA sample.

Aggravated First Offense (BAC $0.16%$ or higher):

Increased fines and potentially longer jail time.
Mandatory 1-year IID requirement.

Second Offense DUI (within 10 years - Class B Misdemeanor)

Jail Time: Mandatory minimum 10 consecutive days (can be served via community service or home confinement with electronic monitoring). Max up to 180 days.
Fines: Minimum $800 (plus court costs and surcharges, often totaling $1,940 or more).
License Revocation: 2 years.
- Eligibility for a restricted license after a waiting period, with mandatory IID.
IID: Mandatory for 2 years upon license reinstatement.
Alcohol Evaluation & Treatment: Mandatory and generally more intensive.
Other: Supervised probation (up to 18 months), SR-22 insurance.

Third Offense DUI (within 10 years - Third Degree Felony)

Prison Time: Mandatory minimum 62.5 days (1500 hours) in jail or prison, up to 5 years in state prison.
Fines: Minimum $1,500 (plus court costs and surcharges, often totaling $2,775 or more). Max up to $5,000 (or $9,250 with surcharges).
License Revocation: 2 years.
- Eligibility for a restricted license after release from prison/jail, with mandatory IID.
IID: Mandatory for 3 years upon license reinstatement.
Alcohol Evaluation & Treatment: Mandatory and typically comprehensive, potentially including inpatient programs.
Other: Supervised probation, SR-22 insurance, vehicle impoundment/forfeiture possible.
Felony Criminal Record: Permanent, leading to loss of civil rights (e.g., voting, firearm ownership).

Other Significant Penalties:

DUI with Child Passenger (Minor under 16): If a minor under 16 is in the vehicle, the DUI becomes a Class A Misdemeanor (even for a first offense), leading to:
- Increased jail time (up to 365 days).
- Higher fines (e.g., up to $2,500 plus surcharges, totaling $4,625 or more).
- Mandatory IID.
- This can also lead to a child endangerment investigation by Child Protective Services (CPS).
Underage DUI (BAC $0.02%$ to $0.05%$ - "Not-a-Drop"):
- Fines and fees.
- License suspension (e.g., 6 months for first offense).
- Mandatory alcohol education/treatment.
- IID likely.
- If BAC is $0.05%$ or higher, they face adult DUI penalties.
Automobile Homicide / Vehicular Homicide: Causing death while DUI is a felony, leading to severe prison sentences (e.g., 1 to 15 years), substantial fines, and long-term license revocation.
Vehicular Battery / Automobile Assault: Causing serious bodily injury while DUI is a felony, leading to prison time and substantial fines.
Driving Under Suspension/Revocation for DUI: A separate criminal offense with its own penalties, including mandatory jail time and further license suspension.
Ignition Interlock Device (IID): Mandatory for all DUI convictions. Costs are borne by the offender ($60-$80 monthly monitoring, plus installation/removal fees).
Probation: Can be imposed for up to 18 months for misdemeanors, and for the duration of a prison sentence for felonies, with strict conditions.
Vehicle Impoundment: Your vehicle will likely be impounded at the time of arrest, incurring towing and storage fees.
Collateral Consequences: Beyond legal penalties, DUI convictions lead to significantly increased auto insurance premiums (requiring SR-22 filing), difficulty with employment (especially for commercial drivers), professional license issues, and restrictions on international travel (e.g., entry into Canada).

Conclusion

Utah's DUI laws are among the most stringent in the nation, underscored by its $0.05%$ BAC limit, aggressive enforcement, and comprehensive penalty structure. The emphasis on mandatory jail time, significant fines, lengthy license revocations, mandatory IID usage, and the 24/7 Sobriety Program reflects a strong commitment to combating impaired driving. The permanent nature of DUI convictions on a criminal record and the escalating severity of penalties for repeat offenses or aggravating circumstances (like child passengers) highlight the serious consequences. For anyone facing a DUI charge in Utah, understanding these strict and complex regulations is paramount. Immediate consultation with an experienced Utah DUI defense attorney is crucial to navigate the legal system effectively, protect your rights, and mitigate the severe repercussions.

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