Utah DUI Laws & Penalties
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⚠️ Utah has the LOWEST BAC limit in the nation at 0.05% (since Dec 30 2018) — the single most important UT-specific fact. Also a 'not-a-drop' zero-tolerance rule for under-21.
Overview
- Legal BAC limit: 0.05% (commercial 0.04%, under-21 0%, enhanced at 0.16%).
- Lookback period: 10 years. 10-year lookback for prior counting. Third within 10 years (or with certain aggravators/injury) = third-degree felony.
- Primary statute: Utah Code § 41-6a-502 (offense); § 41-6a-503 (penalties)
0.05 is the standard limit (lowest in US). 0.16+ mandates IID and screening. Under-21 = 'not a drop' (0.00).
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | Class B misdemeanor (Class A if injury/passenger under 16) | 48 hours (or 48 hrs community service / home confinement) – 6 months; mandatory min 48 hours OR equivalent | $1,310 (~$1,310 minimum with surcharges) | 120 days (first) — 4-month draft/administrative – 120 days; hardship: IID-restricted license available | Required |
| Second offense | Class B misdemeanor (within 10 years) | 240 hours (10 days) or equivalent – 6 months; mandatory min 240 hours jail / community service / home confinement | $1,560 (~$1,560 minimum) | 2-year revocation – 2 years; hardship: IID-restricted; 'interlock-restricted driver' status | Required |
| Third offense | third-degree felony (3rd within 10 years) | 62.5 days (1,500 hours) or prison – 5 years (prison); mandatory min 1,500 hours (62.5 days) confinement/equivalent | $2,850–$5,000 (~$2,850+ minimum) | 2-year revocation – 2 years+; hardship: IID-restricted after portion | Required |
First offense
- Classification: Class B misdemeanor (Class A if injury/passenger under 16)
- Jail: 48 hours (or 48 hrs community service / home confinement) – 6 months; mandatory min 48 hours OR equivalent
- Fine: $1,310 (~$1,310 minimum with surcharges)
- License suspension: 120 days (first) — 4-month draft/administrative – 120 days; hardship: IID-restricted license available
- Alternative disposition: Plea in abeyance possible for some first offenders; mandatory alcohol screening/assessment + education.
- Interlock: IID 18 months for most convictions; longer/mandatory at 0.16+ and repeats; Utah's IID rules are strict.
- 0.05 standard means far more drivers are chargeable than in 0.08 states.
Second offense
- Classification: Class B misdemeanor (within 10 years)
- Jail: 240 hours (10 days) or equivalent – 6 months; mandatory min 240 hours jail / community service / home confinement
- Fine: $1,560 (~$1,560 minimum)
- License suspension: 2-year revocation – 2 years; hardship: IID-restricted; 'interlock-restricted driver' status
Third offense
- Classification: third-degree felony (3rd within 10 years)
- Jail: 62.5 days (1,500 hours) or prison – 5 years (prison); mandatory min 1,500 hours (62.5 days) confinement/equivalent
- Fine: $2,850–$5,000 (~$2,850+ minimum)
- License suspension: 2-year revocation – 2 years+; hardship: IID-restricted after portion
- Also felony if DUI causes serious injury or with a prior felony/vehicular-homicide.
Refusing a chemical test (implied consent)
Refusal: 18-month license suspension first (36 months for repeat) and mandatory IID-restricted status for a long term; officers commonly obtain electronic warrants for blood. Refusal admissible.
Statute: Utah Code § 41-6a-520
Ignition interlock
Utah requires IID ('interlock-restricted driver') for most DUI convictions (18 months+), longer at 0.16+ and on repeats; combined with the 0.05 limit, Utah is among the strictest DUI regimes.
Statute: Utah Code § 41-6a-518
Frequently asked questions
What is the penalty for a first DUI in Utah?
A first DUI in Utah is a Class B misdemeanor (Class A if injury/passenger under 16). Jail: 48 hours (or 48 hrs community service / home confinement) – 6 months; mandatory min 48 hours OR equivalent. Fine: $1,310 (~$1,310 minimum with surcharges). License suspension: 120 days (first) — 4-month draft/administrative – 120 days; hardship: IID-restricted license available.
What is the legal BAC limit in Utah?
0.05% for most drivers, 0.04% for commercial drivers, and 0% for drivers under 21.
How long does Utah look back at prior DUI offenses?
10 years. 10-year lookback for prior counting. Third within 10 years (or with certain aggravators/injury) = third-degree felony.