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Utah DUI Law

It is illegal in Utah to operate or be in actual physical control of a vehicle while you have a BAC of .08 or greater or are under the influence of alcohol and/or drugs to a degree that renders you incapable of safely operating the vehicle.

Penalties

First Conviction:

The first conviction is a class B misdemeanor. The minimum sentence the court will impose is 48 hours of jail time or community service and a fine of $700. The court may also impose a period of home arrest if deemed appropriate. Finally, the court will order that you participate in an alcohol screening and assessment series and successfully complete an alcohol education class. The maximum penalty is a fine of $1,000 and 6 months in jail.

Second Conviction:

The second conviction is a class B misdemeanor. The court will impose a minimum jail term of 240 hours or 240 hours of community service and a fine of at least $800. The court may also impose a period of home arrest if deemed appropriate. Finally, the court will order that you participate in an alcohol screening and assessment series and successfully complete an alcohol education class. The maximum penalty is a fine of $1,000 and 6 months in jail.

The First & Second Conviction become Class A Misdemeanors if:

- Your drunk driving caused bodily injury to someone else;

- You were driving with a passenger under the age of 16 in the vehicle; or

- You were over the age of 21 and driving with a passenger under the age of 18 in the vehicle.

In that case, the maximum penalty is $2,500 and one year in prison.

Third Conviction:

The third conviction is a 3rd degree felony if it occurred within ten years of the two previous convictions. The minimum penalty for the third conviction is a $1,500 fine and 1,500 hours of jail time. The maximum penalty is $5,000 and five years in prison.

BAC .16 or Greater, All Offenses:

For any offense, if your BAC is greater than .16, the court will order a treatment program and either the installation of an ignition interlock system or the home imprisonment.

License Suspension

First Offense:

90 days

Subsequent Offenses:

One Year

The court may also increase the period of suspension by a period of 90 days to 2 years if the offender has shown himself to be a danger on the highway.

Refusal to Submit to Chemical Testing

Drivers on Utah highways have given their implied consent to a chemical testing of their breath, blood, urine or saliva for purposes of determining their level of intoxication. Refusal to submit to the test will result in a 5 or 10 year period of probationary driving. If the offender has been placed under arrest before for DUI, the court will also impose a three year period during which the offenders car must be equipped with a ignition interlock device.

Open Container Law

It is illegal to possess an open container of alcohol in the passenger area of a vehicle. This is a Class C misdemeanor. The maximum penalty is a fine of $750 and 90 days in jail.

Under 21

It is illegal for drivers under the age of 21 to drive with any measurable amount of alcohol in their blood. If convicted, you will serve the same amount of time that an adult would, but the time will be served in a juvenile correctional facility.

Commercial Drivers

It is illegal for commercial drivers to operate their vehicles with a BAC of .04 or greater. Violators will face license suspension and criminal penalties. If a law enforcement officer pulls over a commercial driver with any measurable level of alcohol in his blood, he may require the driver to refrain from driving until his BAC is back under .01.