Utah DUI State Law

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Utah DUI Laws

Utah Implied Consent
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

Note: You have just ten days to file a request for a hearing if you wish to fight your Utah DUI charges. If you fail to provide a written request within that time, your license may be automatically suspended! It is critical that you contact a Utah DUI lawyer as quickly as possible if you hope to fight these charges.

Utah Blood Alcohol Concentration Laws

In Utah, you may be arrested and convicted of being in violation of Utah DUI laws if you present physical symptoms of impairment. This may include looking or smelling like alcohol, driving poorly, and failing field sobriety tests. You do not have to take a chemical test to be charged with and convicted of DUI.

A police officer will request a chemical test to be used to determine your blood alcohol concentration level. If your BAC is at or over .08 percent, you will be charged with DUI. If your BAC is over .16, this equates to enhanced penalties. This may include, at the judge's discretion, up to double the fines, jail time and suspensions listed below.

Implied Consent Laws

Utah implied consent laws are important to understand. Under these laws, you should not refuse a chemical test required by a police officer. Consent laws state that just by driving in the state you are agreeing to submit this type of test if it is requested because a police officer has reason to believe you are driving impaired.

Should you refuse a chemical test, you will receive an automatic 18 months driver's license suspension. If this is a second refusal, this equates to 2 years suspension.

1st DUI Offense

A first arrest will warrant the following Utah DUI penalties:

  • No less than 48 hours in jail
  • Fine no less than $700
  • Driver's license revocation of no less than 90 days
  • Community service may be possible, but electronic monitoring will be needed
  • Participation in a drug or alcohol screening program is required, along with education on drug and alcohol abuse
  • All services are paid for by the driver
  • Charged with a Class B misdemeanor

*Note: If a child under the age of 14 is in the vehicle at the time of arrest, this escalades the charge to a Class A misdemeanor.

2nd DUI Offense

Utah's look back law is 10 years. This means that if you are convicted of a second DUI within 10 years of a previous one, you will be charged with a second offense. This is punishable with:

  • Minimum of $800 fine
  • No less than 240 hours in jail, or 10 days
  • Driver's license suspension for at least 1 year (community service may be an option)
  • Participation in a drug or alcohol screening program is required, along with education on drug and alcohol abuse
  • All services are paid for by the driver
  • Charged with a Class B misdemeanor

3rd DUI Offense

A third offense will face these penalties:

  • Jail of no less than 1500 hour
  • Fine of no less than $1500
  • License suspension of at least 1 year after sentence is complete
  • Treatment for substance abuse is required as intensive care or in patient care
  • The court is able to offer extensive additional fines and jail time if warranted
  • Charged with a Class B misdemeanor

Hire a Utah DUI Lawyer

If you are charged with Utah DUI law violations, it is critical to work quickly to get the case settled. In some cases, Utah DUI lawyers can reduce charges or get them dropped. In most cases, fines, jail terms and suspensions can be reduced.

Contact Utah Drunk Driving Attorneys


Contact our Attorneys to get more information about Drunk Driving in Utah:

  • American Fork
  • Bountiful
  • Brigham City
  • Cedar City
  • Clearfield
  • Draper
  • Kaysville
  • Layton
  • Lehi
  • Logan
  • Magna
  • Midvale
  • Ogden
  • Orem
  • Pleasant Grove
  • Provo
  • Riverton
  • Roy
  • Saint George
  • Salt Lake City
  • Sandy
  • South Jordan
  • Spanish Fork
  • Springville
  • Tooele
  • Vernal
  • West Jordan
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