Utah DUI Laws and the Penalties for a Conviction

Driving while under the influence (DUI) is a crime in Utah. The penalties you'll face for a DUI conviction depend mostly on how many prior convictions you have. This article covers the basics of Utah's DUI laws and the consequences of a first, second, and third DUI conviction.

Utah's DUI Laws

Utah officially uses the term "driving under the influence" (DUI) instead of "driving while intoxicated" (DWI). However, some people still use DWI and DUI interchangeably to refer to drunk or drugged driving.

Standard DUI

Utah's DWI laws prohibit all motorists from operating a motor vehicle:

• with a blood alcohol concentration (BAC) of .05% or more, or
• while under the influence of drugs or alcohol to the point of being unable to safely operate a vehicle.

(Utah Code § 41-6a-502 (2025).)

Utah also has a "not-a-drop" law that makes it illegal for motorists who are younger than 21 to drive with any detectable amount of alcohol in their system. See below for a discussion of this law.

Metabolite DUIs

Motorists can be charged with a misdemeanor (often called a "metabolite DUI) if they operate or are in actual physical control of a motor vehicle with any measurable amount of controlled substances or their metabolites in their system. A person can be convicted without proof of impairment. (Utah Code § 41-6a-517 (2025).)

Having a valid prescription or medical marijuana card can be a defense to a metabolite DUI. (Utah Code § 41-6a-517 (2025).)

You Can Get a DUI Without Actually Driving

An intoxicated person sitting in a vehicle might be surprised to be arrested for a DUI. But it's possible a person can violate Utah's DUI laws without driving.

In addition to outlawing driving and operating a vehicle, Utah prohibits being in "actual physical control" of a vehicle while under the influence of alcohol or drugs or with a BAC of .05% or more. (Utah Code § 41-6a-502 (2025).)

Utah courts apply a "totality of circumstances" test to decide whether a particular driver is in actual physical control of the vehicle. Some factors courts consider include:

• where the driver was seated in the car
• whether the driver had the ignition key
• whether the automobile's motor was running
• where police found the vehicle and whether it appeared that the driver drove it
• whether the driver was touching the steering wheel or other operating controls, and
• whether the driver was asleep or awake.

(Richfield City v. Walker, 790 P.2d 87 (Utah App. 1990).)

Courts can consider other facts when determining if there was actual physical control. Because no two situations are exactly alike, it's best to consult an experienced DUI attorney to see if you've been properly charged with an actual-physical-control DUI.

First DUI and Metabolite DUI Penalties—Misdemeanor

First DUIs and Metabolite DUIs are class B misdemeanors, but they have slightly different penalties.

First DUI Penalties

A first DUI in Utah generally carries:

• 2 days to 6 months in jail (community service can be performed instead of the minimum jail time)
• $700 to $1,000 in fines, and
• a 120-day license suspension.

(Utah Code §§ 41-6a-502, 41-6a-505, 41-6a-509, 76-3-204, 76-3-301 (2025).)

Metabolite DUI Penalty

A metabolite DUI has the following penalties:

• up to 6 months in jail
• a fine of up to $1,000
• supervised probation, and
• a license suspension of 120 days.

(Utah Code §§ 41-6a-517, 76-3-204, 76-3-301 (2025).)

For drivers aged 19 and 20, the license suspension is 1 year or until they reach 21. For drivers younger than 19, the license suspension will remain in effect until age 21. The license suspension for a second offense is 2 years for drivers age 21 and older. The suspension can be reduced in some cases if the driver enrolls in the 24-7 sobriety program. (Utah Code § 41-6a-517 (2025).)

Second DUI Penalties—Misdemeanor

A second DUI within 10 years is a class A misdemeanor in Utah and generally carries:

• 10 to 364 days in jail (5 days of the minimum jail time can be satisfied with 30 days of electronic monitoring)
• $800 to $2,500 in fines, and
• a 2-year license revocation.

(Utah Code §§ 41-6a-502, 41-6a-505, 41-6a-509, 76-3-204, 76-3-301 (2025).)

Third DUI Penalties—Felony

A third DUI within 10 years is a third degree felony in Utah and generally carries:

• 60 days in jail (plus 60 days of home confinement) to 5 years in prison
• $1,500 to $5,000 in fines, and
• a 2-year license revocation.

(Utah Code §§ 41-6a-502, 41-6a-505, 41-6a-509, 76-3-203, 76-3-301 (2025).)

Aggravated DUI Penalties

A driver could face harsher penalties for an extreme DUI (also called an "aggravated DUI") if the driver has any of the following aggravating factors:

• a BAC of .16% or more
• a BAC of .05% or more plus the presence of any measurable controlled substance in the driver's body, or
• the presence of two or more controlled substances in the driver's body, unless the substances were obtained with a valid prescription or medical marijuana card.

(Utah Code § 41-6a-501 (2025).)

A driver convicted of aggravated DUI will face a minimum of 5 days in jail (or 2 days in jail plus 30 days' home confinement). (Utah Code § 41-6a-505 (2025).)

A first DUI is elevated to a class A misdemeanor if the driver is traveling the wrong way on a highway or is carrying a passenger younger than 16 (younger than 18 if the driver is 21 or older). (Utah Code § 41-6a-502 (2025).)

A class A misdemeanor conviction carries a maximum of 364 days in jail and up to $2,500 in fines. A driver can be charged with separate offenses for each underage passenger. In other words, a driver who has 2 passengers younger than 16 can be charged with 2 class A misdemeanor DUIs. (Utah Code §§ 41-6a-502, 76-3-204, 76-3-301 (2025).)

Probation and Substance Abuse Treatment and Monitoring

Some components of DUI sentences (jail and fines, for instance) punish offenders. But a DUI sentence can include rehabilitative and preventive measures like treatment, monitoring, and probation.

Probation for DUI Cases

Generally, a judge will order a DUI offender to serve a period of probation instead of a long jail term. Probation allows the court to ensure that the offender completes all required programs, such as substance abuse treatment. (Utah Code §§ 41-6a-505, 507 (2025).)

Substance Abuse Treatment Requirements

A judge will order drug and alcohol screening for a person convicted of a DUI. The screening determines whether a person has substance abuse issues that require treatment. If the screening shows that treatment is needed, the judge will order treatment as a condition of probation. (Utah Code § 41-6a-505 (2025).)

24-7 Sobriety Programs

As part of its sentence, the court may order a DUI offender to enter a 24-7 sobriety program. The 24-7 sobriety program allows the court to monitor whether the offender is using drugs or alcohol. The offender must use a SCRAM bracelet or appear at a testing center twice a day. The 24-7 sobriety program is 30 days for a first DUI and 1 year for second and subsequent offenses. Completing the program will reduce or eliminate the mandatory jail time, depending on the offense. (Utah Code §§ 41-6a-505, 41-6a-515.5 (2025).)

Ignition Interlock Devices and Alcohol Restricted Drivers

Drivers convicted of DUI generally must have an IID installed in their vehicles following their license suspension for the following periods:

• 18 months for a first DUI
• 2 years for a second DUI, test refusal, or IID violation, and
• 3 years for a felony DUI.

(Utah Code §§ 41-6a-518, 41-6a-518.2 (2025).)

A driver convicted of a DUI and or a test refusal is considered an alcohol restricted driver in Utah. As alcohol restricted drivers, offenders may not operate a vehicle with any amount of alcohol in their system for the following periods after conviction:

• 2 years for a first DUI
• 3 years for violating an alcohol restriction or ignition interlock test
• 5 years for a test refusal or a second DUI, and
• 10 years for a felony DUI or a second test refusal.

(Utah Code §§ 41-6a-529, 41-6a-530 (2025).)

A conviction for violating the alcohol restricted driver laws is a class B misdemeanor. (Utah Code § 53-3-227 (2025).)

Utah's Underage DUI Law

In Utah, it's illegal for drivers who are younger than 21 to operate a vehicle with any amount of alcohol in their system. Drivers who violate this rule face a license suspension of 6 months for a first offense and a license suspension of 2 years or until reaching the age of 21 (whichever is longer) for a second or subsequent offense. The driver will also be required to complete a substance abuse evaluation and any recommended treatment before license reinstatement. (Utah Code § 53-3-231 (2025).)

Refusing a DUI Blood or Breath Test

Under Utah's "implied consent" laws, all drivers lawfully arrested for a DUI are required to submit to a blood or breath test. (Utah Code § 41-6a-520 (2025).)

A refusal will result in license suspension for the following periods:

• 18 months for a first offense, and
• 36 months if the driver has a prior DUI conviction or test refusal in the last 10 years.

(Utah Code § 41-6a-521 (2025).)

Refusing a test doesn't necessarily protect a motorist from a DUI conviction. A prosecutor can use a driver's refusal to take a chemical test as evidence at trial to prove the DUI offense. (Utah Code § 41-6a-524 (2025).)

Plea Bargaining in DUI Cases

The best-case scenario, if you're charged with a DUI in Utah, is that the prosecution ends up dismissing the charge. But unless the court throws out evidence that's critical to prove the charge, the prosecution is unlikely to agree to a dismissal.

But in some cases, a reduction to an "impaired driving" charge is possible. An impaired driving charge is just an alcohol-related driving offense without the mandatory jail, fines, and license suspensions that come with a DUI conviction.