Utah DUI Legal

For answers about your DUI case or arrest, call

(855) 4-DUI-LEGAL

Se habla español
Home » Utah DUI Penalties » DUI Second Offense » with Driver Under 21, Breathalizer Refusal, Juvenile Passenger(s) and Automobile Homicide Conviction

About DUI Penalties in Utah


Utah's Driving Under the Influence Penalties vary greatly depending on the details of your case. Some penalties can or will be imposed based on your arrest, and some can - and will - only be imposed upon your conviction. Additionally, it's important to note that penalties are imposed by two seperate agencies - the Utah Driver License Division (called an Administrative Penalty), and the Utah Courts (called a Criminal Penalty).

The Utah Driver License Division may impose penalties based on the person's arrest. However, the Utah Driver License Division will impose penalties upon conviction.

The Utah Courts will order mandatory penalties if you are convicted. Also, there are a number of penalties the Utah Courts may order.



Tip: If you are looking for DUI penalty information specific to your case, try the Penalty Finder.





Criminal Penalty Crime:

3rd Degree Felony 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(2)(c)(i))

Imprisonment:

Utah Courts may impose a prison sentence for up to 5 years, but not less than 62.5 consecutive days. However, the Utah Courts may suspend the execution of the prison term and place the person on supervised probationInformation 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.
. Additionally, if there is admissible evidence that the person had a blood alcohol level of .16 or higher, the Utah Court must require participation in home confinement through the use of electronic monitoringInformationElectronic 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. or describe on record why the order is not appropriate.
(See, Utah Code Ann. §76-3-203(3), Utah Code Ann. §41-6a-505(3), Utah Code Ann, §41-6a-505(3)(a)(ii), Utah Code Ann. §41-6a-505(3)(b), Utah Code Ann. §41-6a-505(5), Utah Code Ann. §41-6a-505(5)(b)(ii) and Utah Code Ann. §41-6a-505(4)(b))

Fine:

If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order a fine of up to $5,000.00, but not less than $1,500.00.
(See, Utah Code Ann. §41-6a-505(3)(a)(i) and Utah Code Ann. §76-3-301(1)(b))

DNA Specimen Analysis:

The Utah Courts must order the convicted person to provide a DNA specimenInformationDNA Specimen A blood or saliva sample shall be obtained in a medically acceptable manner. The DNA specimen shall be analyzed to establish a genetic profile. The DNA specimen shall be used to maintain a criminal’s identification. .
(See Utah Code Ann. §53-10-403(1)(a) and Utah Code Ann. §53-10-403(2)(a))

Probation:

Utah Courts must order supervised probationInformation 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(3)(a)(iii))

Treatment:

If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order participation in a screeningInformationScreening A preliminary appraisal of a person; used to determine if the person is in need of: an assessment, or an educational series. and, an assessmentInformationAssessment 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. . The Utah Courts must order substance abuse treatmentInformationSubstance Abuse Treatment Treatment obtained at a substance abuse program that is approved by the Utah Division of Substance Abuse and Mental Health. at a substance abuse treatment program providing intensive inpatient treatment, and long-term closely supervised follow-through after treatment, for not less than 10 days.
(See, Utah Code Ann. §41-6a-505(3)(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 until the person is 21 years of age or for 3 years, whichever is longer, beginning on the 30th day after the date of arrest.
(See, Utah Code Ann. §41-6a-521(1)(d), Utah Code Ann. §41-6a-521(1)(d)(ii)(B), Utah Code Ann. §41-6a-521(1)(d)(ii)(B)(I) and Utah Code Ann. §41-6a-521(1)(d)(ii)(B)(II)).

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 until the person is 21 years of age or for 3 years, whichever is longer, beginning on the 30th day after the date of arrest.
(See, Utah Code Ann. §41-6a-521(5)(a), Utah Code Ann. §41-6a-521(5)(a)(ii)(B), Utah Code Ann. §41-6a-521(5)(a)(ii)(B)(I) and Utah Code Ann. §41-6a-521(5)(a)(ii)(B)(II)).

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 until the person is 21 years of age or for 3 years, whichever is longer, beginning of the 30th day after the date of arrest.
(See, Utah Code Ann. §41-6a-521(5)(a), Utah Code Ann. §41-6a-521(5)(a)(ii)(B), Utah Code Ann. §41-6a-521(5)(a)(ii)(B)(I) and Utah Code Ann. §41-6a-521(5)(a)(ii)(B)(II)).

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 2 years.
(See Utah Code Ann. §41-6a-509(1)(a)(ii)(C), Utah Code Ann. §53-3-220(1)(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 systemInformationIgnition 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 6 years from the date of conviction.
(See, Utah Code Ann. §41-6a-518.2(1)(b)(G))

The Utah Courts: The Utah Courts must 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)(b))

Alcohol Restricted Driver: From the date of conviction and thereafter (e.g.: Lifetime) 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)(e)(i), Utah Code Ann. §41-6a-529(1)(e)(ii) 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)