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.
Utah's DWI laws prohibit all motorists from operating a motor vehicle:
A driver is considered "under the influence" if "incapable of safely operating a vehicle" as the result of ingesting alcohol, drug, or any other substance.
Utah has a "not-a-drop" law that makes it illegal for motorists who are under the age of 21 years to drive with any detectable amount of alcohol in their system.
In Utah, a motorist can get a DUI even without actually driving. In addition to driving or operating a car, a person may not be in "actual physical control" of a car while under the influence of alcohol, drugs, or with a BAC of .08% or more. The gist of this law is to keep roads safe from even the potential danger that an intoxicated driver creates when getting behind the wheel.
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:
Determining actual physical control is fact-specific. 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.
A drunk driving offense based on BAC (rather than the driver's level of impairment) is called a "per se" DUI. The amount of alcohol a person must drink to exceed the legal limit depends on a variety of factors such as gender, body size, and the number and strength of drinks.
Take a look at our BAC table to get an idea of what your BAC might be at after a certain number of drinks. But remember—the values are just estimates. Lots of factors that can affect BAC aren't accounted for. It's always best not to drive if you've been drinking.
Utah DUI penalties vary depending on the facts of the case. However, the penalty ranges depend, in large part, on how many prior convictions the person has. Here are what the potential sentences generally look like for a first, second, and third DUI.
|
Jail |
Maximum 180 days in jail (mandatory 2 days in jail or 48 community service) |
Maximum 180 days in jail (mandatory 10 days in jail or 5 days in jail plus 30 days of electronic monitoring) |
Maximum 5 years in prison (mandatory 62 days in jail if prison isn't ordered) |
|
Fines |
At least $1,310 |
At least $1,560 |
At least $2,850 |
|
License Suspension |
120 days |
Revoked for 2 years |
Revoked for 2 years |
|
1 year mandatory with BAC of .16% or more (at judge's discretion for lower BACs) |
2 years (with one or more prior convictions within 10 years) |
2 years (with one or more prior convictions within 10 years) |
Under Utah's "implied consent" laws, all drivers lawfully arrested for a DUI are required to submit to a blood or breath test. A refusal will result in the following license suspensions periods:
|
1st Offense |
2nd offense |
3rd Offense |
|
|
License Revocation |
18 months |
3 years |
3 years |
For purposes of determining what is a second or third refusal, prior DUI convictions, refusals, and failed BAC test (.08% or greater) within the past ten years are counted.
The best case scenario, if you're charged with a DUI in Utah, is 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.
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