DUI Utah

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How much do you have to drink (BAC*) for a DUI in Utah?

Under 21 .00% (zero tolerance)
21 or older .08%
Commercial .04%

** BAC = blood alcohol content

How many drinks does it take? 

What if you refuse to take a chemical test in Utah?

Utah has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension.

  1st Offense 2d Offense 3rd Offense
Refusal to take test 18 month license suspension 3 year license suspension 3 year license suspension

What is the minimum jail time?

  1st Offense 2d Offense 3rd Offense
Minimum Jail 2 days jail 10 days jail No minimum jail term specified (but third offense is a felony)

Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencingAlso known as a “washout” period.)

Can you plead to a lesser offense than DUI in Utah?

In some circumstances, a plea bargain of “wet reckless” might be accepted by the prosecution in Utah. A “wet reckless,” or a conviction of reckless driving involving alcohol, is usually made as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. A plea bargain of wet reckless might occur when the amount of alcohol is borderline illegal, there was no accident, and the defendant has no prior record. But if there is a subsequent drunk driving conviction, the “wet reckless” is usually considered a prior drunk driving conviction; the resulting sentence can be what’s required for a second DUI/DWI conviction. If you are interested in trying to make a plea for a wet reckless, you’ll need the help of a lawyer.

First Utah DUI Offense

1st Drunk Driving Conviction

  • Jail – 48 Hours Minimum, or
  • Work Service Program – 48 Hours Minimum, or
  • Home Confinement
  • Fine – $700 Minimum
  • License Suspension – 120 Days

Other Possibilities

  • Home Confinement Through The Use of Electronic Monitoring
  • Participate in Alcohol / Drug Screening
  • Participate in Alcohol / Drug Assessment
  • Participate in Substance Abuse Education
  • Participate in Substance Abuse Treatment

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