DUI Laws in Utah

0.05 for drivers generally (blood or breath alcohol). Drivers under 21 may not drive with any measurable alcohol.

A first DUI is generally a class B misdemeanor (class A in some situations, such as having a passenger under 16). For a first conviction, the court must impose at least two days in jail or at least 48 hours of compensatory service, a fine of at least $700, a screening (and an assessment if appropriate), an educational series or treatment, and impound and towing fees; it may order probation, a 24-7 sobriety program, or treatment. For an 'extreme DUI' (as defined in Utah Code § 41-6a-501), at least five days in jail (or two days plus 30 days of electronically monitored home confinement), a fine of at least $700, and an ignition interlock unless the court finds it unnecessary. Separately, the Driver License Division suspends the license of a driver 21 or older for 120 days for a first offense.

In Utah, DUI is a third-degree felony if the person has two or more prior DUI-related convictions, each within 10 years of the current conviction or of the date of the current offense. It is also a third-degree felony if the current conviction comes at any time after a prior felony DUI conviction, including one later reduced under Utah Code 76-3-402. DUI-related convictions include DUI, impaired driving, driving with a measurable controlled substance, and automobile homicide (76-5-207), among others.

A driver who refuses a requested chemical test after a warning faces license revocation: 18 months for a driver 21 or older (36 months with a prior qualifying offense within 10 years); for a driver under 21, until age 21 or two years, whichever is longer (36 months with a prior). Refusal can also bring criminal prosecution, a five- or ten-year 'no alcohol' driving restriction, and a two-year ignition interlock requirement. The officer gives notice of intent to revoke within 24 hours of the arrest.

Ten years. A DUI is a class A misdemeanor with one prior conviction within 10 years, and a third-degree felony with two or more prior convictions within 10 years (or any prior felony DUI). Sentencing enhancements for repeat offenders also use a 10-year window.

Under Utah's expungement law, a person may seek to expunge a misdemeanor DUI-related conviction (as defined in 41-6a-501(2)) only after 10 years have passed since the conviction or release from incarceration, parole or probation, whichever is later. Fines and restitution must be paid in full. A felony DUI-related conviction is not eligible for expungement. For felony enhancement, prior DUI convictions count if within 10 years, but a prior felony DUI counts no matter how old.