Criminal Penalty Crime: Class B misdemeanor driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration. (See Utah Code Ann. §41-6a-502 and Utah Code Ann. §41-6a-503(1)(b)) Imprisonment: Utah Courts may impose a jail sentence for up 6 months, but not less than, 48 consecutive hours. However, as an alternative to jail, the Utah Courts may order compensatory work service for not less than 48 hours; or require participation in home confinement through the use of electronic monitoringElectronic Monitoring The electronic monitoring shall alert the appropriate corrections probation monitoring agency, law enforcement units, or contract provider of the defendant’s whereabouts. The Utah Court may require the person’s electronic home monitoring device to include a substance abuse testing instrument; restrict the amount of alcohol the person may consume during the time the person is subject to home confinement; and set specific time and location conditions.. (See, Utah Code Ann. §41-6a-505(1)(a)(i)(A), Utah Code Ann. §41-6a-505(1)(a)(i)(B), Utah Code Ann. §41-6a-505(1)(a)(i)(c) and Utah Code Ann. §76-3-204(2)) Fine: Utah Courts may order a fine of up to $1,000.00, but not less than $700.00. (See, Utah Code Ann. §41-6a-505(1)(a)(v) and Utah Code Ann. §76-3-301(1)(d)) Probation: Utah Courts may order supervised probation. Supervised ProbationIf supervised probation is ordered: the Utah Court shall specify the period of the probation; the person shall pay all of the costs of the probation; and the Utah Courts may order any other conditions of the probation. The probation provider shall monitor the person’s compliance with all conditions of the person’s sentence, conditions of probation, and Utah Court orders received and shall notify the court of any failure to comply with or complete that sentence, or those conditions or orders. (Utah Code Ann. §41-6a-505(1)(b)(ii)) Treatment: Utah Courts must order participation in a screeningScreening A preliminary appraisal of a person; used to determine if the person is in need of: an assessment, or an educational series.. And, an assessmentAssessment An in-depth clinical interview with a Utah licensed mental health therapist; used to determine if a person is in need of: substance abuse treatment that is obtained at a substance abuse program, an educational series, or a combination of both. if found to be appropriate by the screening. The Utah Courts may order substance abuse treatmentSubstance Abuse Treatment Treatment obtained at a substance abuse program that is approved by the Utah Division of Substance Abuse and Mental Health. if the substance abuse treatment program determines that substance abuse treatment is appropriate. (See, Utah Code Ann. §41-6a-505(1)(a)(ii), Utah Code Ann. §41-6a-505(1)(a)(iii), Utah Code Ann. §41-6a-505(1)(b)(i) and Utah Code Ann. §41-6a-505(1)(b)(ii)) Education: Utah Courts must order participation in an educational seriesEducational Series An educational series obtained at a substance abuse program that is approved by the Utah Division of Substance Abuse and Mental Health. if the Court does not order substance abuse treatment. (See, Utah Code Ann. §41-6a-505(1)(a)(iv))

Administrative Penalty Driver License Suspension: The Utah Driver License Division and/or the Utah Courts will revoke the person’s license or permit to operate a motor vehicle. Utah Driver License Division: If no request for a hearing is made to the Utah Driver License Division, the Utah Driver License Division will suspend the person’s license or permit to operate a motor vehicle in Utah for 120 days beginning on the 30th day after the date of arrest. (See, Utah Code Ann. §41-6a-509(1)(a)(i)(A) and Utah Code Ann. §53-3-223(7)(a)(i)(A)) If, after a hearing, the Utah Driver License Division determines that the police officer had reasonable grounds to believe that the person was driving a motor vehicle in violation of Utah Code Ann. 41-6a-502, the Utah Driver License Division will suspend the person’s license or permit to operate a motor vehicle in Utah for 120 days beginning on the 30th day after the date of arrest. (See, Utah Code Ann. §41-6a-509(1)(a)(i)(A) and Utah Code Ann. §53-3-223(7)(a)(i)(A) If the person fails to appear, on the date of the hearing, at the Utah Driver License Division, the Utah Driver License Division will revoke the person’s license or permit to operate a motor vehicle in Utah for 120 days beginning of the 30th day after the date of arrest. (See, Utah Code Ann. §41-6a-509(1)(a)(i)(A) and Utah Code Ann. §53-3-223(7)(a)(i)(a)) Upon receiving notice of conviction the Utah Driver License Division will deny, suspend or disqualify the person’s license or permit to operate a motor vehicle in Utah for 120 days. (See, Utah Code Ann. §41-6a-509(1)(a)(i)(A) and Utah Code Ann. §53-3-220(1)(a)(ii))   The Utah Courts: The Utah Courts, upon conviction, may suspend a person’s license or permit to operate a motor vehicle for up to an additional 2 years beginning on the date on which the individual would be eligible to reinstate their driving privileges. (See, Utah Code Ann. §41-6a-509(2)(a)(i) and Utah Code Ann. §41-6a-509(2)(a)(ii)) Ignition Interlock: The Utah Driver License Division and/or the Utah Courts will require the installation of an ignition interlock systemIgnition Interlock System A constant monitoring device or any similar device that prevents a motor vehicle from being started or continuously operated without first determining the driver’s breath alcohol concentration. in the motor vehicle operated by the person. Utah Driver License Division: The Utah Driver License Division will require the installation of an ignition interlock system in any motor vehicle operated by the convicted person for 18 months from the date of conviction. (See, Utah Code Ann. §41-6a-518.2(1)(b)(i)(B)) The Utah Courts: The Utah Courts may order, during the period of probation, the installation of an ignition interlock system in any vehicle the convicted person owns or drives. (See, Utah Code Ann. §41-6a-518(2)(a)) Alcohol Restricted Driver: For 2 years, from the date of conviction, the convicted person may not operate or be in actual physical control of a motor vehicle in Utah with any measurable or detectable amount of alcohol in the person’s body. (See, Utah Code Ann. §41-6a-529(1)(a)(i)(A) and Utah Code Ann. §41-6a-530(1)) Enhancement: Penalties for Driving Under the Influence (DUI) may be greater, or enhanced, if there are subsequent convictions for DUI or other alcohol-related driving offenses. For instance, a third DUI can be charged as a 3rd degree Felony if the person charged has 2 or more prior convictions for DUI or another related driving offense. For this to happen, the 2 prior convictions must have occurred within 10 years of the 3rd DUI. (See, Utah Code Ann. §41-6a-503)