Utah DUI Laws

Utah DUI laws state that it is against the law for any person to drive a motor vehicle in the state of Utah while they are under the influence of alcohol or drugs with a blood alcohol concentration level of .08% or greater.

It is not necessary for a person who has been stopped on suspicion of driving under the influence to display the signs one would typically associate with someone who is under the influence. Just the fact that a chemical test shows a blood alcohol concentration level of .08% or greater will get you arrested for DUI in Utah.

It should also be noted that a person could still be arrested for driving under the influence in Utah even if their blood alcohol concentration level is below the legal limit of .08% just by displaying signs that are consistent with a person who is under the influence of alcohol or drugs.

When an officer stops someone on suspicion of DUI in Utah, the officer is already starting to build a case against that person by observing their driving patterns prior to initiating the DUI stop. If the officer has established reasonable grounds and suspects that someone is under the influence, the officer is going to request that the individual perform some field sobriety test (it is not required by law that you submit to the field sobriety tests. If an officer asks you to take the field sobriety test, just kindly refuse his request).

TIP: It's very important that you contact a Utah DUI lawyer to discuss your case. Scheduling an initial consultation is free and you'll get some good information about your options. Contact one of our Utah DUI lawyers today.

Utah First Offense DUI

A Utah first offense DUI conviction is a Misdemeanor offense and carries the following penalties:

Jail time: A first offense conviction may result in a minimum of 48 hours in jail up to a maximum of 6 months in jail. The length of the jail sentence will be at the court's discretion.

Fines: A first offense conviction may result in fines of no less than $700 up to $1,000 plus court costs.

Community Service: The court may allow you to perform 48 hours of community service in lieu of the minimum jail sentence.

Ignition Interlock: If you refused the chemical test you will be required to have an ignition interlock device installed on your vehicle prior to having your license reinstated or being issued a restricted license.

Alcohol Assessment: You will be required to attend a state approved alcohol and drug educational program.

License Suspension: Your license will be suspended for a minimum of 90 days following a first offense. First time offenders may be eligible for a restricted license if they meet the requirements for one.

Before the Utah DPS will reinstate your license following your suspension period or issue you a restricted license you will be required to show proof of financial responsibility in the form of a Utah SR22 insurance policy that meets the states minimum auto insurance liability coverage limits. You will also have to pay a license reinstatement fee to the Department.

Utah Second Offense DUI

A Utah DUI conviction is considered a second offense if it occurs within 10 years of a previous conviction and is a Class A Misdemeanor offense and carries the following penalties:

Jail time: A second offense conviction may result in a minimum of 10 days in jail up to a maximum of 6 months in jail. The length of the jail sentence will be at the court's discretion.

Fines: A second offense conviction may result in fines of no less than $800 up to $1,000 plus court costs.

Community Service: The court will require you to perform 240 hours of community service or you may be placed on electronic monitoring at your home.

Ignition Interlock: If you refused the chemical test or this is a second offense within 10 years you will be required to have an ignition interlock device installed on your vehicle prior to having your license reinstated or being issued a restricted license.

Alcohol Assessment: You will be required to attend a state approved alcohol and drug educational program.

License Suspension: Your license will be suspended for a 1-year following a second offense.

Before the Utah DPS will reinstate your license following your suspension period you will be required to show proof of financial responsibility in the form of a Utah SR22 insurance policy that meets the states minimum auto insurance liability coverage limits. You will also have to pay a license reinstatement fee to the Department.

Utah Third or Subsequent Offense DUI

A Utah DUI conviction is considered a third or subsequent offense if it occurs within 10 years of at least two previous conviction and carries the following penalties:

Jail time: A third or subsequent offense conviction may result in a minimum of 62 days in jail up to a maximum of 5-years in jail. The length of the jail sentence will be at the court's discretion.

Fines: A third or subsequent offense conviction may result in fines of no less than $1,500 up to $5,000 plus court costs.

Ignition Interlock: If you refused the chemical test or this is a third offense within 10 years you will be required to have an ignition interlock device installed on your vehicle prior to having your license reinstated.

Alcohol Assessment: You will be required to attend a state approved alcohol and drug educational program.

Vehicle Seizure: Your vehicle may be seized following a third or subsequent offense conviction.

License Suspension: Your license will be suspended for a minimum of 1-year following a third or subsequent offense. Depending on the circumstances surrounding your case and your previous convictions your license could be suspended an additional 2-years.

Before the Utah DPS will reinstate your license following your suspension period you will be required to show proof of financial responsibility in the form of a Utah SR22 insurance policy that meets the states minimum auto insurance liability coverage limits. You will also have to pay a license reinstatement fee to the Department.

Utah CDL DUI Laws

A person operating a commercial motor vehicle in the state of Utah while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .04% or greater or failing to submit to a chemical test is in violation of the state's laws regarding CDL's and will be arrested for DUI and your CDL will be revoked for a period of 1-year following a first offense violation. A second CDL DUI offense will result in your CDL being revoked for life.

If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. A second offense violation while carrying hazardous materials will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again. A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an "out-of-service" notice and will not be allowed to drive for the next 24-hours.

Utah DUI Under 21 Years of Age

Anyone under the age of 21 who is found to have been drinking and driving and has a blood alcohol concentration level of .02% or greater is in violation of Utah's "zero tolerance law" for under age drinking and driving. A first offense will result in your license being suspended for between 90 and 120 days.

A second or subsequent offense while under the age of 21 will result in your license being suspended for either 1-year until you turn 21 or 2-years until you turn 21, whichever is longer.

If you refused to submit to a chemical test your license will be suspended for 18-months until you turn 21 or for a straight 18-months, whichever is longer. If you have a previous sanction for a zero tolerance violation and you refuse to submit to a chemical test for a second violation, your license will be suspended for 24 months until you turn 21 or for a period of 36 months, whichever is longer.

It should be noted that the court may require your license to be suspended for up to 1-year for a first offense violation and up to 2-years for a second or subsequent offense violation.

If you are under 21 and are arrested for having a BAC level of .08% or greater you will be facing the same fines and penalties as someone over 21 would face for the same offense.

You will also be required to show proof of financial responsibility in the form of an Utah SR22 insurance policy before the Department of Public Safety will reinstate your license.

Utah SR22 Requirements

Before the Utah Department of Public Safety will reinstate your license following your suspension or revocation period, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry your SR22 insurance for a period of 3-years.

At anytime during this 3-year period if there is a lapse in your Utah SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the Utah Department of Public Safety of the lapse. If a lapse in coverage occurs, the Utah DPS will immediately suspend your license and you will be required to re-file an SR22 form with the DPS before they will issue you another license.

Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one. DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Utah and has worked out a special discount only available here for our website visitors.

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Additional Resources

Utah DUI Statute Note: Scroll down the page to section 41-6a-502.

Utah DMV

Utah Ignition Interlock Information

Utah Ignition Interlock Service Providers

Utah Administrative License Hearing Request Form

Utah Alcohol Restricted License Information

Utah Department of Public Safety

DUI Vehicle Impoundment Information

Utah Alcohol Education Programs