Utah Drunk Driving Laws & Penalties

DUI Offenses

In the state of Utah, a drunk driving conviction is most often considered a misdemeanor, unless there are additional circumstances that apply. The charges for violating DUI laws are based on the actual control and type of a vehicle, blood alcohol content (BAC), toxicology blood results, and the extent of injuries sustained.

Individuals under the age of 21 are referred to as Alcohol Restricted Drivers; meaning they must not drive with any alcohol in their system. Depending on the age of the driver, specific suspensions will be enforced. If a driver under the age of 21 refuses to submit to a chemical test, their license will be revoked. Once revoked, they will wait for a license until the age of 21 or for a period of 2 years, depending on whichever is longer for a first offense.

If a driver is 21 or older at the time of arrest and refuses to submit to a chemical test, their license will be suspended. The suspension is 18 months for a first offense and 36 months for a second offense or subsequent refusal after an arrest.

An Ignition Interlock Restriction will be placed on any person convicted of a DUI offense. This restriction will be imposed for 36 months for individuals under the age of 21, and for those 21 or older, the ignition restriction will be in effect for 18 months.

Utah DUI Penalties For A First Offense

A first-time DUI conviction carries with it the following potential penalties:

Minimum Sentence

  • Two days (48 hours) of jail time, for which hours of community service or house arrest with an ankle monitor may possibly be instituted
  • $ 1,395 in fines
  • Good behavior Probation
  • License suspension for 120 days
  • Drug and alcohol screening
  • PRIME for Life Class

Maximum Sentence

  • Six months jail time
  • $1,940 in fines, with possible additional fees
  • License suspension for two years
  • Court-mandated substance abuse testing and treatment
  • Supervised probation
  • PRIME for Life Class
  • Installation of Ignition Interlock Device (IID) in vehicle

Second DUI Offenses

The penalties become more extreme when a second DUI conviction transpires within a ten-year period.

Minimum Sentence – everything included in a first-time conviction, with the addition of:

  • Ten days (240 hours) of jail time (with a possibility of community service/house arrest with ankle monitor in lieu of jail time)
  • Up to $1,940 in fines
  • Evaluation and screening assessment
  • License suspension
  • Supervised probation

Maximum Sentence – same as maximum penalties for first-time conviction

Felony DUI Ramifications

A third drunk driving offense following two convictions within 10 year period can be increased from a misdemeanor to a felony DUI. Furthermore, if you have been previously convicted of vehicular homicide at any time, or your DUI resulted in the injury or death of another person, the charge will result in a felony DUI.

Felony DUI penalties are significantly more extreme than misdemeanor penalties, and include the following:


Minimum sentence

  • 62.5 days (1500 hours) of jail time
  • $ 2,775 in fines
  • Court-mandated substance abuse testing, assessment, and counseling
  • Up to 240 hours of intensive treatment, which may include an inpatient program and/or aftercare
  • Supervised probation
  • License Suspension
  • Screening and assessment


Maximum Sentence - Includes penalties listed for a minimum sentence, with the following additions:

  • Up to five years in prison
  • $9,250 in fines
  • 240 days to five years of intensive treatment

Don’t Gamble With Your Future. Speak To A Qualified Lawyer Regarding Your DUI Charge.

If you have been charged with a DUI in Utah, the best defense will come from an experienced Salt Lake City criminal defense attorney. For more information call Larsen, Larsen, Nash & Larsen at (801) 964-1200 or contact us online to schedule a free consultation.