Utah DUI / DWI Lawyers

Utah DUI Laws, Fines and Penalties

In Utah, it is illegal to drive or be in physical control of a vehicle if your blood alcohol content (BAC) is 0.08% or higher. If you are caught doing so, you will be arrested for a DUI. It is important to note that one does not have to be actually driving to be arrested for DUI. Recently, a man was arrested while sleeping in his car with this feet hanging out the window, but the courts decided he was in physical control of the vehicle.

Utah has an implied consent law, which means that if you are operating a car, truck, bicycle, boat, etc. in the State, you are agreeing to submit to a blood alcohol test if asked to do so by law enforcement. This chemical test may require you to provide a breath, blood, urine, or saliva sample, and if you refuse to do so, you will be charged with a crime.

If you have been arrested for a DUI, you should contact an experienced DUI lawyer as soon as possible. Utah DUI law is complicated, and you do not want to try to go it alone, especially if this is your first offense. Lawyers who specialize in DUI defense truly know the law.

What are the penalties for a DUI in Utah?

1st Offense 2nd Offense 3rd Offense
Jail 48 hours min. 240 hours min. 1,500 hours min.
Fines and Penalties $700 min. $800 min. $1,500 min.
License Suspension 120 days 2 years 2 years
IID** Required No Yes Yes

First Offense DUI in Utah

 First DUI conviction in Utah results in administrative (license suspension) and criminal (jail time and fines) penalties. The period of time during which an earlier DUI counts as a "prior offense" is 10 years.

Administrative Penalties

  • First offense results in a license suspension of ninety (90) days. Refusals to submit to a chemical test. results in mandatory license suspension of eighteen (18) months
  • Reinstatement of license requires completion of alcohol screening/assessment, as well as completion of alcohol or driver education/awareness program
  • Condition of reinstatement, even for first offense, may include provision requiring use of ignition interlock device in state of Utah

Second Offense DUI in Utah

In Utah, a second DUI (within 10 years of a prior first offense) results in license suspension, jail time and fines.

Administrative Penalties

Your driver's license will be suspended for two years after a second DUI in Utah. It will be taken away during your arrest, and you will be issued a temporary license that is valid for the next 30 days, after which it will be confiscated. You will need to pay $200 to get your license reinstated after the two year period.

Additionally, you will be considered an alcohol restricted driver for the next ten years, which means you cannot drive after having consumed any amount of alcohol. This status will appear on your driving record. If you violate it, you face another year of a suspended license, and three more years as an alcohol restricted driver.

Third Offense DUI in Utah

A third DUI conviction in Utah (within 10 years of the prior two DUI convictions) results in harsh administrative and criminal penalties.

Administrative Penalties

If convicted of a third offense DUI in Utah, your driving license can be suspended from a minimum of 90 days to up to three years. You may also have to drive with an ignition interlock device for three years if you are found convicted of prior offenses within the lookback period.

Criminal Penalties

Expect some combination of the following penalties:

  • A minimum monetary fine of $1,500.
  • Continuous imprisonment for a minimum of 1,500 hours or up to five years.
  • Supervised probation for the duration decided by the court.
  • Participation in an alcohol/drug assessment program.
  • Participation in educational programs related to substance abuse.

Other criminal penalties can include community service for a fixed number of hours.

 

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