Utah DUI Laws
Utah Driving Under the Influence (DUI) Laws
If you've been drinking alcohol and decide to drive your car in "The Beehive State," you are putting yourself and others at risk. Because of the possible consequences of injuring or killing another person, Utah has strict driving under the influence (DUI) laws. You will be facing stiff penalties including loss of your driving privileges, possible jail time, and more.
Types of Utah DUI Offenses
Under Utah's DUI laws, an impaired driving charge can be levied against you in the following circumstances:
- You are operating a motor vehicle with any amount of alcohol or drugs in your system and it impairs your ability to safely operate the vehicle.
- You are operating a motor vehicle with a breath or blood alcohol level (BAC) of .05 or higher.
- You are under the age of 21 and have consumed any alcohol (Zero Tolerance)
Alcohol Restricted Driver
In Utah, if you you've been convicted of a DUI or a refusal to submit to a chemical blood alcohol (BAC) test, you will be on an alcohol restricted driving privilege (ARD). What does that mean? It's simple -- you are not allowed to drive with ANY alcohol in your system for a period of time. Here is the breakdown based upon the violation:
- Two years for a first-time DUI, alcohol related reckless driving, or per se arrest;
- Five years for first arrest for refusal to submit to a chemical test;
- Ten years for a second conviction for DUI or alcohol related reckless driving or a second arrest for refusal to submit to a chemical test within ten years of a first offense;
- Lifetime for felony DUI or automobile homicide.
If you are under 21 years of age, then (ARD) status is triggered until the driver turns 21 years old.
What if I Violate the 'No Alcohol Restriction?'
If you decide not to follow the ARD mandate, it will result in a one year revocation of your Utah driving privilege. Remember, police officers have access to your driving records and will know if an ARD is in effect for you.
This chart lays out the basics of Utah's DUI laws:
Utah DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent
|"Per Se" BAC Limit||0.05 Percent|
|Zero Tolerance (Underage) BAC Limit||0.02 Percent|
|Enhanced Penalty (Aggravated) BAC Limit||0.16 Percent|
|Implied Consent to Submit to BAC Test?||Yes|
Utah DUI Laws: Select Penalties
|Minimum License Suspension or Revocation (1st, 2nd, 3rd offense)||120 days, 2 years, 2 years|
|Mandatory Alcohol Education, Assessment and Treatment||Both|
|Vehicle Confiscation Possible?||Yes|
|Ignition Interlock Device Possible?||Yes|
Utah DUI Resources:
- DUI Statutes: Driving under the Influence (UT Code 41-6a-502), Penalties for Driving under the Influence (UT Code 41-6a-503)
Sentencing Requirements (UT Code 41-6a-505)
- DUI Impounds - Procedures and fees involved in the mandatory impounding of vehicles following a DUI offense (Utah Dept. of Motor Vehicles).
- DUI Sentencing Calculator - Discretionary tool used by judges to see mandatory minimum sentences and statutory sentencing options (Utah State Courts).
- DUI Education - Licensed options for completing court ordered alcohol education following a DUI offense (Utah Dept. of Human Services).
Arrested under Utah DUI Laws? Get in Touch with an Attorney
No one wants to get arrested for a DUI. But if you or someone you love has been arrested and charged with a Utah DUI, you'll want someone on your side. A good first step is to seek out the services of a skilled DUI lawyer in Utah to evaluate your case and inform you of your options moving forward.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.