How much do you have to drink (BAC*) for a DUI in Utah?
|
Under 21 |
.00% (zero tolerance) |
|
21 or older |
.08% |
|
Commercial |
.04% |
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
What if you refuse to take a chemical test in Utah?
Utah has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Utah’s implied consent law.
|
|
1st Offense |
2d Offense |
3rd Offense |
|
Refusal to take test |
18 month license suspension |
3 year license suspension |
3 year license suspension |
What is the minimum jail time?
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|
1st Offense |
2d Offense |
3rd Offense |
|
Minimum Jail |
2 days jail |
10 days jail |
No minimum jail term specified (but third offense is a felony) |
Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)
Can you plead to a lesser offense than DUI in Utah?
In some circumstances, a plea bargain of "wet reckless" might be accepted by the prosecution in Utah. A "wet reckless," or a conviction of reckless driving involving alcohol, is usually made as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. A plea bargain of wet reckless might occur when the amount of alcohol is borderline illegal, there was no accident, and the defendant has no prior record. But if there is a subsequent drunk driving conviction, the "wet reckless" is usually considered a prior drunk driving conviction; the resulting sentence can be what's required for a second DUI/DWI conviction. If you are interested in trying to make a plea for a wet reckless, you'll need the help of a lawyer.
First Utah DUI Offense
1st Drunk Driving Conviction
- Jail – 48 Hours Minimum, or
- Work Service Program - 48 Hours Minimum, or
- Home Confinement
- Fine - $700 Minimum
- License Suspension – 120 Days
Other Possibilities
- Home Confinement Through The Use of Electronic Monitoring
- Participate in Alcohol / Drug Screening
- Participate in Alcohol / Drug Assessment
- Participate in Substance Abuse Education
- Participate in Substance Abuse Treatment
More Information: First Offense DUI in Utah
Important Note from the Editor
We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.
Second Utah DUI Offense
2nd Drunk Driving Conviction
- Jail – 240 Hours Minimum, or
- Work Service Program - 240 Hours Minimum or
- Home Confinement
- Fine - $800 Minimum
- License Suspension – 2 Years
- Ignition Interlock Device – 3 Years (If Within 10 Years of Previous)
Other Possibilities
- Home Confinement Through The Use of Electronic Monitoring
- Supervised Probation
- Participate in Alcohol / Drug Screening
- Participate in Alcohol / Drug Assessment
- Participate in Substance Abuse Education
- Participate in Substance Abuse Treatment
More Information: Second Offense DUI in Utah
Third Utah DUI Offense
3rd Drunk Driving Conviction
- Jail – 1,500 Hours Minimum
- Fine - $1,500 Minimum
- License Suspension – 2 Years
- Ignition Interlock Device – 3 Years (If Within 10 Years of Previous)
Other Possibilities
- Supervised Probation
- Participate in Alcohol / Drug Screening
- Participate in Alcohol / Drug Assessment
- Participate in Substance Abuse Education
- Participate in Substance Abuse Treatment
More Information: Third Offense DUI in Utah
Drinking and Driving Laws in Utah
Utah Drunk Driving and Wet Reckless Laws - Nolo.com
The State of Utah prohibits driving a motor vehicle with a .08 percent or above, blood alcohol concentration (BAC). The .08 percent limit is the standard used across the United States for the "impaired" driver. The State of Utah has lower BAC limits for commercial drivers (.04) and a Zero tolerance law for drivers under the age of 21. The Utah DUI law also prohibits driving under the influence of controlled substances such as marijuana, cocaine, inhalants and other intoxicants.
How many drinks does it take to reach the legal limit in Utah?
Trying to figure out how many drinks it would take you to reach the .08 BAC limit isn't a simple task. Each driver has individual attributes such as weight, sex, body-fat percentage, and other variables that factor into a BAC score. There are charts and calculators that can serve as a reference, however these tools do not consider all of the variables that contribute to a BAC score. It is safe to assume that each drink you consume puts you that much closer to becoming an intoxicated driver.
The best answer is not to drink and drive . The State of Utah has strict laws for drunk driving, and when you drink and drive in Utah, you risk your freedom, finances and your future.
The first time you are arrested and convicted of drunk driving in the State of Utah you will be placed in jail for no less than 48 hours. You will be fined no less than $700 and your drivers license will be revoked for no less than 120 days. The court may allow for community service work in lieu of jail time or you may be placed in an electronic monitoring program at your home. You will also be ordered to participate in a drug or alcohol screening program and potentially be ordered to participate in a educational series relating to drugs, alcohol or both. These services will all be paid for by the convicted driver.
The second time you are convicted of driving under the influence in Utah within 10 years of a previous offense you will be fined a minimum of $800. You will also receive a jail sentence of no less than 240 hours or 10 days. Your drivers license will also be suspended for a period of 2 years. The court will also order the convicted driver to 240 hours or 10 days of community service or you may be placed in an electronic monitoring program at your home. You will also be ordered to participate in a drug or alcohol screening program and potentially be ordered to participate in a educational series relating to drugs, alcohol or both. These services will all be paid for by the convicted driver.
The 3rd time you are convicted of drunk driving in the State of Utah you will be placed in jail for no less than 1,500 hours. You will be fined no less than $1,500 and your license will be suspended for a minimum of 1 year. You will also be ordered to obtain a screening and assessment and substance abuse treatment at a substance abuse treatment program providing intensive care or inpatient treatment and long-term closely supervised follow through after treatment for not less than 240 hours. The court may also order more penalties including additional jail time, extended or permanent drivers license revocation and for the convicted driver to pay all fines and fees, including fees for restitution and treatment costs.
Drunk Driving Laws in Utah
State of Utah BAC Laws:
- All drivers with a BAC of .08 or higher.
- Under 21 - Not A DROP - Zero Tolerance
- Commercial Vehicle Driver with a BAC of .04 or higher.
The Implied Consent Law in Utah
The implied consent law in Utah means that any driver using the roadways in the State of Utah agrees to submit to a chemical test of their blood, breath or urine if a peace officer has reasonable cause to believe you are under the influence of Alcohol or Drugs, even if the drugs are prescription. If you refuse to submit to such a test your drivers license will be revoked for 18 months for the first offense, and 2 years for subsequent refusals.
State of Utah Website - More DUI Information
