Utah · DUI
Utah DUI laws and penalties
Utah's legal BAC limit is 0.05%. For a first offense, Utah's statute provides jail of 2 days to 6 months, a fine of $700 to $1,000, and a license suspension of 120 days. The license hearing, the ignition interlock rule and the statute behind every figure are below.
Figures read from official pages on .
Utah DUI laws at a glance
- Legal BAC limit
- 0.05%
- Lowest in the US
- Enhanced penalty BAC
- 0.16%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.00%
- Any trace may result in DUI
- Lookback period
- 10 years
- Prior DUI offenses that count
License hearing: ask within 10 days
Within 10 calendar days after the officer gives you notice, ask the Driver License Division for a hearing. Count the days with the license-hearing window calculator.Higher BAC level. "Extreme DUI" at 0.16 or higher raises the first-offense minimum jail from two days to five and requires treatment and an interlock.
Ignition interlock. The court must order one for a probationer unless it states on the record that one is not necessary.
01Penalties
Utah DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | 2 days | 10 days |
| Jail (maximum) | 6 months | 364 days |
| Fine (minimum) | $700 | $800 |
| Fine (maximum) | $1,000 | $2,500 |
| License suspension | 120 days | 2 years |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Utah compares
Utah's BAC limit of 0.05% is the lowest in the country: the other 48 states with a confirmed limit use 0.08%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Utah requires one after every first conviction.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Utah gives 10.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Arizona | 0.08% | 30 days | Required | 10 days to 6 months | $250 to $2,500 | 90 days |
| Colorado | 0.08% | 7 days | In some cases | 5 days to 1 year | $600 to $1,000 | 9 months |
| Idaho | 0.08% | 7 days | Required | Up to 6 months | Up to $1,000 | 30 days absolute suspension, then 60 to 150 more days |
| Nevada | 0.08% | No fixed deadline | Required | 2 days to 6 months | $400 to $1,000 | 185 days |
| Utah (this page) | 0.05% | 10 days | Required | 2 days to 6 months | $700 to $1,000 | 120 days |
| Wyoming | 0.08% | 20 days | In some cases | Up to 6 months | Up to $750 | 90 days |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DUI case moves through the system in Utah
Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Within 10 calendar days after the officer gives you notice, ask the Driver License Division for a hearing.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Utah's statute provides jail of 2 days to 6 months, a fine of $700 to $1,000, and a license suspension of 120 days. See the penalties table above.
04Sources
Where Utah's figures come from
- Utah Code § 41-6a-502(1) (le.utah.gov)Main statute · BAC limit, age 21 and over · Lookback period
- Utah Code § 41-6a-501(1)(f)(i) ('extreme DUI') (le.utah.gov)Higher BAC level
- Utah Code § 53-3-231(2)(a) (le.utah.gov)BAC limit under 21
- Utah Code § 53-3-223(6)(a)(ii) (le.utah.gov)License hearing request
- Utah Code § 41-6a-518(2)(a) (le.utah.gov)Ignition interlock, first offense
- Utah Code § 41-6a-505(3)(a)(i)(A) (le.utah.gov)First offense: jail, minimum · First offense: fine, minimum · Second offense: jail, minimum · Second offense: fine, minimum
- Utah Code § 76-3-204(2) (class B misdemeanor) (le.utah.gov)First offense: jail, maximum · Second offense: jail, maximum
- Utah Code § 76-3-301(1)(d) (class B misdemeanor) (le.utah.gov)First offense: fine, maximum · Second offense: fine, maximum
- Utah Code § 41-6a-509(1)(a)(i) (le.utah.gov)First offense: license · Second offense: license
Show the exact words behind each figureHide the exact words
- Main statute
Utah Code § 41-6a-502
Utah Code § 41-6a-502(1)
An actor commits driving under the influence if the actor operates or is in actual physical control of a vehicle within this state if the actor:
- BAC limit, age 21 and over
0.05%
Utah Code § 41-6a-502(1)(c)
has a blood or breath alcohol concentration of .05 grams or greater at the time of operation or actual physical control
- Higher BAC level
0.16%
Utah Code § 41-6a-501(1)(f)(i) ('extreme DUI')
had a blood or breath alcohol level of .16 or higher
- BAC limit under 21
0.00%
Utah Code § 53-3-231(2)(a)
An individual younger than 21 years old may not operate or be in actual physical control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol concentration in the individual's body as shown by a chemical test.
- Lookback period
10 years
Utah Code § 41-6a-502(2)(b)(iv)
has one prior conviction within 10 years of:
- License hearing request
10 days
Utah Code § 53-3-223(6)(a)(ii)
The individual shall submit a request to be heard within 10 calendar days after the day on which the peace officer provides notice
- Ignition interlock, first offense
Required after a first conviction
Utah Code § 41-6a-518(2)(a)
(2) (a) In addition to any other penalties imposed under Sections 41-6a-502 and 41-6a-505 ... unless the court determines and states on the record that an ignition interlock system is not necessary for the safety of the community and in the best interest of justice, the court shall require that any person who is convicted of violating Section 41-6a-502 and who is granted probation may not operate a motor vehicle during the period of probation unless that motor vehicle is equipped with a functioning, certified ignition interlock system
- First offense: jail, minimum
2 days
Utah Code § 41-6a-505(3)(a)(i)(A)
impose a jail sentence of not less than two days; or
- First offense: jail, maximum
6 months
Utah Code § 76-3-204(2) (class B misdemeanor)
In the case of a class B misdemeanor, for a term not exceeding six months.
- First offense: fine, minimum
$700
Utah Code § 41-6a-505(3)(a)(v)
impose a fine of not less than $700;
- First offense: fine, maximum
$1,000
Utah Code § 76-3-301(1)(d) (class B misdemeanor)
$1,000 for a class B misdemeanor conviction;
- First offense: license
120 days
Utah Code § 41-6a-509(1)(a)(i)
suspend for a period of 120 days the operator's license of a person convicted for the first time under Section
- Second offense: jail, minimum
10 days
Utah Code § 41-6a-505(7)(a)(i)(A)
impose a jail sentence of not less than 10 days; or
- Second offense: jail, maximum
364 days
Utah Code § 76-3-204(1)(a) (class A misdemeanor)
in the case of a class A misdemeanor, for a term not exceeding 364 days
- Second offense: fine, minimum
$800
Utah Code § 41-6a-505(7)(a)(v)
impose a fine of not less than $800;
- Second offense: fine, maximum
$2,500
Utah Code § 76-3-301(1)(c) (class A misdemeanor)
$2,500 for a class A misdemeanor conviction;
- Second offense: license
2 years
Utah Code § 41-6a-509(1)(a)(ii)
revoke for a period of two years the license of a person if
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.