Utah DUI Laws
Utah takes a firm stand against drinking and driving. If you are charged with DUI, you will need to fight an administrative (civil) suspension of your driving privileges and later a criminal prosecution. It is highly recommended that you obtain representation from a Utah DUI attorney. Qualified DUI attorneys have special training and experience with blood alcohol concentration (BAC), field sobriety testing and other technical concepts that are essential to building a good defense. Following a Utah DUI arrest, you have 10 days to request a hearing with the Department of Public Safety. If you don't request the hearing, your driver's license will be suspended. The duration of the suspension will vary depending on your history and whether your arrest was based on a refusal to submit to a chemical test, a Per-Se violation or a "Not-A-Drop" violation, the last of which applies to minors, who cannot have one drop to drink under Utah DUI law.
Your DUI arrest also means you may face criminal charges. If convicted, you may be assessed hefty fines and sentenced to jail. The court in its discretion may allow probation, diversion programs, community service, counseling, home monitoring, an ignition interlock device and other alternative sentencing options in place of some or all of the jail term. If you have been charged with DUI in Utah, you need an experienced Utah DUI lawyer to help you understand your options and to fight for the best possible outcome based on the circumstances of your case.
Utah DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Utah BAC laws may differ from those of other states, as follows.
| Utah BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | Higher than .00 or .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DUI/DWI Arrest | |
| 1st Offense | 120 days license suspension |
| Subsequent Offenses | 2 years license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 6 months, 1 year, or 2 years license suspension, depending on age, prior convictions, and type of arrest (BAC higher than .00 vs .02 or higher) |
| Temporary License | Yes, for 30 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 2 years license suspension |
| Subsequent Offenses | 36 months license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 18 or 36 months license suspension, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 120 days (maybe conditional license) |
| Prison Term and Community Service | At least 48 hours in jail or 48 hours work-service program |
| Fines, Fees, and Surcharges | Approx. $700 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol screening and education |
| Second DUI/DWI Offense | |
| License Suspension | 2 years (maybe conditional license) |
| Prison Term and Community Service | At least 240 hours or 240 hours work-service program |
| Fines, Fees, and Surcharges | Approx. $800 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol screening and education |
| Third DUI/DWI Offense | |
| License Suspension | 2 years (maybe conditional license) |
| Prison Term and Community Service | At least 1,500 hours in jail |
| Fines, Fees, and Surcharges | Approx. $1,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol screening and education |
| Aggravating Factors that can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Utah Department of Public Safety