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Utah DUI Information
"Per Se" BAC Level: 0.8"Zero Tolerance" BAC Level: 0.0
Enhanced Penalty BAC Level:.16
"Implied Consent" Law: yes
Administrative License Suspension/Revocation (1st/2nd/3rd Offense) :90d/ 1d/ 1d
Mandatory Alcohol Education and Treatment/Assessment: Both
Vehicle Confiscation Possible?: No
Ignition Interlock Device Possible?: Yes
If you are arrested for a Utah DUI you will be facing two cases. One is a criminal case brought against you by the state of Utah that is resolved in the courts. The other is a license revocation or suspension case that will be brought against you by the Utah Driver's License Division.
Utah is an implied consent state which means that anyone who has a Utah driver’s license has agreed to submit to field sobriety tests if pulled over for suspicion of Utah DUI. Refusal to submit to a field sobriety test could lead to revocation of your driver's license. The legal limit for intoxication in Utah is .08% Blood Alcohol Content. If you register a BAC of .08% or higher you will be charged with Utah DUI. However, you can be arrested with a BAC lower than .08% if an officer feels that you are unsafely or appear otherwise impaired.
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If you are found guilty of a Utah DUI you may apply for a conditional license that will allow you to drive with very strict restrictions.
Utah drunk driving cases require expert help to reach a successful conclusion. Both the DLD Hearing and the DUI court case involve specialized issues that require a DUI lawyer who concentrates on Utah DUI defense. Get a FREE consultation from a qualified Utah DUI lawyer.
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Utah is an implied consent state, meaning that all drivers in Utah have impliedly consented to a test of their blood or breath to determine alcohol content if requested by a peace officer in a DUI investigation. If a driver refused to provide a sample of blood or breath after lawfully being requested, the administrative sanction against their driver’s license is 90 days suspension and 18 months no-alcohol conditional license probation on a first offense DUI, and six (6) months driver’s license suspension and 24 months no alcohol conditional license probation for a second or subsequent offense DUI. A third DUI will result in one year of license suspension and three (3) years no alcohol conditional license probation. If you violate the no alcohol conditional license you may be fined as much as a first time DUI, that is up to $1,850.00.
The DLD will not only suspend your license based on their own hearing but WILL also suspend your license based on a DUI conviction entered by the court, even if you won the administrative hearing all they have to do is be in receipt from the court of an abstract of judgment, showing your DUI conviction. This is yet one more reason why it is so important to consult with your Utah DUI professional about any and all drunk driving arrests in Utah.
New Utah DUI Law Update: Effective May 2005, it is a violation of Utah law to operate a motor vehicle with any measurable amount of alcohol in the body when your driving privilege has been suspended, revoked or denied for one of the following offenses:
Driving under the influence of alcohol or drugs (DUI)
Alcohol or drug related reckless driving
Refusal to submit to a chemical test
Driving with a metabolite of a drug in the system
Automobile homicide
Evasion of Police Contact
An extension of any of the above listed sanctions
If you have a minor in the car with you while you are driving DUI, then your first offense goes from a class "B" misdemeanor to a class "A" misdemeanor.
If cited and convicted for a violation of this new DUI law, the law requires that your driving privilege be suspended, revoked or denied for an additional period of one year.
Below is the Utah DUI sentencing matrix,these only apply if you are convicted or plead guilty:
| Utah DUI Sentencing Matrix – Quick Guide | |||
| FIRST OFFENSE | SECOND OFFENSE WITHIN 10 YRS | 3 OR MORE OFFENSES IN 10 YRS |
|
| CLASSIFICATION (Enhancability) |
CLASS "B" BECOMES A THIRD DEGREE FELONY WHEN: |
CLASS "B" MISDEMEANOR BECOMES CLASS “A” IF: Bodily Injury inflicted Passenger Under Age 16 Passenger under 18 and driver is older than 21 BECOMES A THIRD DEGREE FELONY WHEN: |
3rd Degree Felony |
| Sentencing - Jail - Court Shall Order: | 48 consecutive hrs OR 48 hrs compensatory service OR electronic home confinement * |
240 consecutive hrs OR 240 hrs compensatory service OR electronic home confinement * |
0-5 year prison term OR 1,500 hrs jail (62.5 days). May also require electronic home confinement * |
| Fine - Court SHALL order | $700 minimum plus surcharge | $800 minimum plus surcharge | $1,500 minimum, unless 0-5 years prison term is imposed |
| Other - Court SHALL order | Screening and Assessment Educational Series, unless treatment is ordered MAY order treatment |
Screening and Assessment Educational Series, unless treatment is ordered MAY order treatment |
Screening and Assessment Intensive treatment or inpatient treatment and aftercare for not less than 240 hours. |
| Probation ** | MAY order supervised probation | SHALL order supervised probation | SHALL order supervised probation if 0-5 year prison term is not imposed |
| Ignition Interlock *** | MAY order ignition interlock | SHALL order ignition interlock (3years) | SHALL order ignition interlock (3years) |
| High Blood Alcohol Test (.16 or more) | SHALL order supervised probation If no treatment, interlock or home confinement, reasons must be stated on the record |
SHALL order supervised probation | SHALL order supervised probation if 0-5 prison term is not imposed |
| License Suspension | Court MAY order additional 90 DAYS, 180 DAYS, 1 YEAR or 2 YEARS |
Court MAY order additional 90 DAYS, 180 DAYS, 1 YEAR or 2 YEARS |
Court MAY order additional 90 DAYS, 180 DAYS, 1 YEAR or 2 YEARS |
| NOTE - Supervised probation is also required for | * See 41-6-44(13) for Electronic Home Confinement | ** See 41-6-44(14) for Supervised Probation | *** See 41-6-44.7 for Ignition Interlock Provisions |
| all violations of 41-6-44.6 (DUI Drugs) | Provisions | Provisions | |
Utah DUI law makes it a crime for any person to operate or be in actual physical control of a vehicle if the person has a blood or breath alcohol concentration of .08 or greater OR is under the influence of alcohol, any drug, or a combination of both that renders the person incapable of safely operating a vehicle. This means that you can be charged and convicted of a DUI in Utah even if you refuse to take a chemical test or if your blood alcohol level is less than .08. The only thing that the tests do is provide evidence against you and make it easier for you to be convicted.
Utah DUI law vests the judge with a great deal of discretion in imposing sentence as long as he or she stays within the bounds of the law. In particular, the judge has discretion to impose the mandatory jail sentence or substitute the jail sentence with community service. The Judge determines the amount of the fine. The Judge also has full discretion to set the conditions of probation, to determine whether probation is supervised or unsupervised (Utah DUI law requires a period of supervised probation for offenders with a BAC of .16 or higher), and to impose other conditions of probation as well, such as an ignition interlock device. While it may sound like the Judge has a great deal of discretion, the fact is that they are bound by the same laws and must impose on you jail time, but have been known, under the right circumstances and with the right DUI Defense Attorney, to allow work release on most if not all of the jail time imposed.