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Drunk Driving Fatalities Higher at Night

Understanding the dangers of drunk driving at night.

Utah DUI Law Information

Drivers arrested in the State of Utah for driving under the influence (DUI) will face severe DUI penalties, including potential jail time, a driver’s license suspension, potential mandatory ignition interlock installation, and fines.

Utah DUI defined

It is illegal in the State of Utah for a person to operate or be in actual physical control of a vehicle if there is “sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test; or they are under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.” Utah Statute 41-6a-502

Utah Back or wash-out period: 10 years

If a driver’s second, third or fourth driving infraction occurs during the look back period the DUI penalties can be substantially increased.

Criminal DUI Penalties in Utah

First DUI offense (Misdemeanor)

  • Mandatory minimum of 48 hours in jail; or
  • 48 hours of work service or home confinement
  • Potential license suspension of 120 days
  • Mandatory fines of at least $700
  • Potential alcohol and drug screening and assessment
  • Potential alcohol abuse education program and treatment 

Second DUI offense
(Within 10 years)

  • Mandatory minimum of 240 hours in jail; or
  • 240 hours of work service or home confinement with electronic monitoring
  • Potential license suspension of 2 years
  • Mandatory fines of at least $800
  • Supervised probation
  • Potential alcohol and drug screening and assessment
  • Potential alcohol abuse education program and treatment

Third DUI offense
(Within 10 years)
(Potential felony charge)

  • Mandatory minimum of 1,500 hours in jail (up to five years with felony conviction)
  • Potential license suspension of 2 years
  • Mandatory fines of at least $1,500
  • Mandatory installation of an ignition interlock device
  • Supervised probation
  • Potential alcohol and drug screening and assessment
  • Potential alcohol abuse education program and treatment

4th DUI offense
(Within 10 years or previously been convicted of a felony)
(3rd Degree Felony)

  • Up to five years in prison
  • Potential license suspension of 2 years
  • Mandatory fines of at least $1,500
  • Mandatory installation of an ignition interlock device
  • Supervised probation
  • Potential alcohol and drug screening and assessment
  • Intensive treatment or inpatient treatment and aftercare for not less than 240 hours

Administrative Penalties in Utah

Drivers in Utah have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Utah Department of Motor Vehicles (DMV) and are imposed regardless of whether the driver is ultimately convicted of DUI.

Drivers who refuse the chemical test will face the following administrative penalties:

-1st offense: Driver's license revoked for 18 months.
-2nd offense: Driver’s license revoked for three years.
-3rd offense: Driver's license revoked for three years.

To challenge an administrative license suspension, drivers must request an administrative hearing by contacting the Utah Department of Motor Vehicles (DMV). If you do not request a hearing within 10 days from the date of your DUI arrest or you request a hearing but do not win your case at the hearing, your license will be automatically suspended.

(Read more: - state laws )



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