The state of Utah uses the term ‘Driving Under the Influence (Utah Code 41-6a-4) or DUI rather than the term Driving While Intoxicated (DWI) that is used by several other states. The recent change in Utah lowered the DUI limit from a Blood Alcohol Content (BAC) of 0.08% to 0.05% and will take effect on December 30, 2018. Keep in mind that for certain motorists, like commercial drivers and people under the legal drinking age, the BAC limit is lower. DUI can also be charged for driving under the influence of drugs, but in those situations, since BAC is irrelevant, charges are based on the signs of drug impairment, which officers known as D.R.E.s, or “Drug Recognition Experts,” are trained to detect. If the DUI involves narcotics, the driver can also be charged with drug crimes like possession of controlled substances.
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In Utah, a first-offense DUI can be charged as a Class B misdemeanor or a Class A misdemeanor. This depends on whether the DUI causes injury, and the age of any passengers who were in the vehicle.
The penalties for a Class B misdemeanor normally include a fine of up to $1,000 and up to six months in jail, while the penalties for a Class A misdemeanor normally include a fine of up to $2,500 and up to one year in jail. However, the DUI sentencing matrix (outlined below), which judges refer to when imposing DUI sentences, provides different penalties.
If you are charged with DUI on a third occasion, you can expect the penalties to increase even more. A third-offense DUI is no longer a misdemeanor – it is a third degree felony. Keep in mind that these are penalties apply to drivers who are at least 21 years old and had a BAC below 0.16%, which is considered “high BAC.” If you engage in drunk driving while you are under the legal drinking age, and/or if you have a high BAC, some of the resulting penalties can be harsher. If your teenage son or daughter was arrested for DUI, you may wish to see our article on juvenile misdemeanor DUI sentencing.
If someone is killed as a result of the DUI, the driver can be charged with a very serious crime which is called automobile homicide in Utah.
DUI License Suspension Utah
If you are reliant on your vehicle for work, a Utah driver’s license suspension is a disaster that could cost you a job. Your 1st DUI in Utah is a guaranteed driver’s license suspension of four months. Successive DUI convictions will see your license revoked for two years!
* For purposes of understanding, not intended as legal advice.
The General Layout Of Penalties For A DUI Charge
1st DUI
- Mandatory two-day jail term or 48-hours of community service.
- Potential 180-day prison term.
- 120-day license suspension.
- Installation of an Ignition Interlock Device (IID) for a year if your Blood Alcohol Limit (BAC) is 0.16% or more.
- Fines of at least $1,310.
2nd DUI
- Mandatory 10-day jail sentence or 5 days in prison and 30 hours of electronic monitoring.
- License revoked for two years.
- Maximum 180 days in prison.
- Two years of IID if you have been convicted within the last ten years.
- Minimum fines of $1,560.
3rd DUI
- Mandatory 62-day prison term.
- Maximum of five years in a penitentiary.
- License revoked for two years.
- Two years of IID if you have been convicted within the last ten years.
- Minimum fines of $2,580.
* For purposes of understanding, not intended as legal advice. Call Outlaw Legal Services Today for a FREE consultation specific to your case.
