In Utah, it's illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs. If you’re facing a third DUI in ten years, the penalties are stiffer than those for a first or second offense. Generally, you can be convicted of DUI if you drive:

• while "incapable of safely operating a vehicle" due to drugs or alcohol (impairment DUI), or
• with a blood alcohol concentration (BAC) of .05% or more (“per se” alcohol DUI).

Typically, a driver who’s convicted of DUI is guilty of a class B misdemeanor. However, a driver who's convicted of a third DUI is guilty of a third-degree felony.

Administrative Penalties

"Administrative penalties" are those imposed by the Utah Driver License Division (DLD). These penalties are triggered by a DUI arrest (as opposed to a conviction in court). For a second DUI, the administrative penalties include:

• Per se alcohol and per se drug DUI. Drivers arrested for per se DUI for the third time in ten years will have their license revoked for two years. Once the two years is up, the driver needs to apply for a new license before getting back behind the wheel.
• Chemical-test refusals. Motorists who refuse a chemical test (in violation of Utah’s implied consent law) and have already had their license suspended or revoked from a previous DUI arrest or conviction within the last 10 years face a three-year license revocation. The same penalty applies to motorists who refuse a chemical test a second time. Also, a prosecutor can use a refusal as evidence of guilt in court.

At the time of your arrest, the officer will confiscate your driver license and issue a citation that serves as a temporary license for 29 days. If you don't request a hearing within ten calendar days of the arrest, you forfeit your right to challenge the above administrative revocations.

Criminal Penalties

Criminal penalties" are those that a court imposes once a driver is convicted of DUI. For a felony DUI, the criminal penalties include up to five years in prison or 1,500 hours in jail. The fines and surcharges for felony DUI are at least $2,850 (third-degree felonies can carry a fine up to $5,000). If the judge doesn’t impose a prison sentence, the driver must complete a term of supervised probation. Convicted motorist are also required to complete a drug/alcohol screening and assessment and comply with any recommended treatment. If the driver's BAC was .16% or greater, the court generally is required to order an IID, SCRAM bracelet, and/or electronic home monitoring. And a judge who’s convinced the driver is a safety hazard can order an additional 90-day to two-year license suspension.

Talk to an Attorney

If you’ve been arrested for driving under the influence, get in contact with an experienced DUI attorney. A qualified DUI attorney can help you navigate the complexities of DUI law and tell you how the law applies to the facts of your case.

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