Utah DUI Penalties: First, Second, and Third Offense, the .05 Limit, Jail, and Fines
General information, not legal advice. Read the full disclaimer.
Short answer: In Utah you commit driving under the influence (DUI) if you drive or are in actual physical control of a vehicle and have a blood or breath alcohol concentration of .05 or greater, or are under the influence of alcohol, a drug, or both to a degree that makes you incapable of safely operating a vehicle (Utah Code § 41-6a-502(1)). A first offense is a class B misdemeanor. It becomes a class A misdemeanor with a passenger under 16 (or under 18 if you're 21 or older), with certain other traffic violations at the same time, or with one prior conviction within 10 years; it's a third degree felony with two or more prior convictions within 10 years, or any conviction after a felony DUI-type conviction (§ 41-6a-502(2)). For a first conviction the court must impose at least two days in jail (or at least 48 hours of compensatory service), a fine of at least $700, screening, an assessment if appropriate, an educational series if treatment isn't ordered, and impound and towing fees (§ 41-6a-505(3)). Penalties go up with a prior conviction, and with "extreme" DUI.
Who this guide is for
Utahns arrested for DUI (including in Utah County and Juab County) who want to understand the charges and the penalties the law requires — and what could change them. This is general information, not legal advice; a DUI case has deadlines that start immediately.
What counts as DUI in Utah
Under § 41-6a-502(1), DUI includes any of these:
- a blood or breath alcohol concentration of .05 or greater shown by a chemical test taken afterward;
- being under the influence of alcohol, any drug, or the combined influence of alcohol and a drug to a degree that makes you incapable of safely operating a vehicle; or
- a .05 or greater concentration at the time of operation or actual physical control.
"Actual physical control" can apply even if the car isn't moving. A violation of a similar local ordinance counts, too (§ 41-6a-502(4)). Alcohol concentration is measured as grams per 100 milliliters of blood or per 210 liters of breath.
Level of the charge
| Situation | Charge |
|---|---|
| First offense, no aggravating factors | Class B misdemeanor — up to six months in jail and up to a $1,000 fine as maximums (§§ 76-3-204, 76-3-301); the DUI sentencing statute sets minimums |
| Passenger under 16, or you're 21+ and a passenger is under 18; certain other traffic violations at the same time; one prior conviction within 10 years | Class A misdemeanor — up to 364 days in jail and a $2,500 fine |
| Two or more prior convictions each within 10 years, or the current conviction comes after a felony conviction (or similar) | Third degree felony — up to a $5,000 fine |
"Prior conviction" has a specific definition in § 41-6a-501; whether a past case counts is a question for an attorney.
First-conviction minimums (§ 41-6a-505(3))
For a first DUI conviction that isn't an "extreme DUI," the court shall:
- impose at least two days in jail, or require at least 48 hours of compensatory-service work;
- order a screening, an assessment if the screening finds one appropriate, and an educational series if treatment isn't ordered;
- impose a fine of at least $700; and
- order payment of the administrative impound fee and towing and storage fees.
The court may order substance abuse treatment, probation, a 24-7 sobriety program (for people 21 or older), and designate you an interdicted person with surrender of your license or ID card. Jail time can be suspended if you participate in a 24-7 sobriety program, but you must serve it if you fail the program.
Extreme DUI and repeat offenders
- Extreme DUI (a higher alcohol concentration defined elsewhere in the DUI statutes): the minimum is five days in jail, or two days plus 30 consecutive days of home confinement with electronic monitoring; a fine of at least $700; probation; and an ignition interlock unless the court finds it unnecessary (§ 41-6a-505(1)).
- A prior conviction within 10 years: the minimum is 20 days in jail, or 10 days plus 60 days of home confinement, or 10 days plus substance abuse treatment if the court finds it better for public safety; a fine of at least $800; probation; and an ignition interlock (§ 41-6a-505(5)).
Ignition interlock
Unless the court states on the record that it isn't necessary for community safety and the interests of justice, a person convicted of DUI and granted probation may not operate a vehicle during probation unless it has a functioning, certified ignition interlock system that tests breath alcohol before starting and while driving (§ 41-6a-518). The probationer pays the cost, with indigency provisions in the statute.
What else happens
- Driver license consequences are separate from the court case and have a 10-day deadline to request a hearing. See What Happens to Your Utah License After a DUI Arrest.
- Test refusal has its own penalties. See Refusing a Breath Test in Utah.
- DUI with injury, death or a child passenger can lead to more serious charges. See Utah Drunk Driving Accident Victim Claims for the civil side.
- A DUI conviction can usually be expunged only after waiting periods. See Can You Expunge a DUI in Utah?.
If you're charged
- Write down what happened while it's fresh: where you were stopped, what was said, tests offered, what you drank and when.
- Request the license hearing within 10 days. See the license guide linked above.
- Get a lawyer or request a public defender if you can't afford one. See Public Defender Eligibility in Utah and How to Find Free or Low-Cost Legal Help in Utah.
- Understand the process. See The Utah DUI Process, Utah Arraignment and Utah Plea Bargains.
- Comply with bail or release conditions. See Utah Bail and Pretrial Release.
Utah County and Juab County
DUI misdemeanors in Utah are prosecuted in the court that has jurisdiction where the arrest happened: city or county justice courts handle class B and C misdemeanors, and the Fourth District Court handles felonies and class A misdemeanors. See Utah County Criminal Cases: Courts, Jail, and Public Defenders and Juab County Criminal Cases: Nephi Courts, Jail, and Public Defenders.
Frequently asked questions
What is the legal limit in Utah?
A blood or breath alcohol concentration of .05 or greater, or being under the influence to a degree that makes you incapable of safely driving.
Is a first DUI a felony in Utah?
No. A first offense is generally a class B misdemeanor, with higher charges for aggravating factors.
Will I go to jail for a first DUI?
The statute requires at least two days in jail or at least 48 hours of compensatory service, unless the case is resolved in another way; ask your lawyer.
How much is the fine?
At least $700 for a first conviction, plus fees, with a statutory maximum of $1,000 for a class B misdemeanor.