Diving under the influence (DUI), also referred to as driving while intoxicated (DWI) in some states, is a serious offense across the United States. Under Utah's DUI laws, anyone in physical control of a vehicle while having a blood alcohol concentration (BAC) of 0.05% or higher has committed a DUI offense. Utah's DUI statutes also make it illegal to operate a vehicle while under the influence of any drug that prohibits the offender from safely operating a vehicle. The following chart provides a brief overview of Utah's DUI laws.
|Utah Code section 41-6a-502 & 41-6a-503: Driving Under the Influence of Alcohol, Drugs, or a Combination of Both
|Operating (or being in physical control of) a vehicle within Utah if the offender:
- Has a blood or breath alcohol concentration of 0.05 grams or greater at the time that the test is administered
- Is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the driver incapable of safely operating a vehicle, or
- Has a blood or breath alcohol concentration of 0.05 grams or greater at the time of operation or actual physical control of the vehicle
A first or second DUI offense is generally a Class B misdemeanor. However, if the offender falls under any of the classifications below then the offense is a Class A misdemeanor:
- Has also inflicted bodily injury upon another as a proximate result of driving under the influence
- Has a passenger under 16 years old in the vehicle at the time of the offense, or
- Is 21 years old or older and has a passenger under 18 years old in the vehicle at the time of the offense
Third degree felony if:
- The offender inflicts serious bodily injury upon another as a proximate result of operating the vehicle in a negligent manner
- The offender has two or more prior DUI convictions within the previous 10 years, or
- If the offender was previously convicted of automobile homicide, or a felony DUI
Felony and Misdemeanor Penalties in Utah
- Third degree felony: Punishable by up to five years in prison, and/or a fine of up to $5,000.
- Class A misdemeanor: Punishable by up to one year in jail, and/or a fine of up to $2,500.
- Class B misdemeanor: Punishable by up to six months in jail, and/or a fine of up to $1,000.
Revoked or Suspended Drivers License
If the offender is 21 years old or older at the time of the DUI offense, then the offender's license will be suspended for 120 days. If the offender has a prior DUI conviction within the last 10 years then the offender's drivers license will be revoked for two years.
If the offender is between 19 and 21 years old then their license will be suspended until the offender turns 21 or for a period of one year, whichever is longer.
State laws change frequently. For case specific information regarding Utah's DUI laws contact a local DUI attorney.