In Utah, those who take part in drinking and driving risk being held accountable for two crimes: driving under the influence and driving while over the limit. Those whose driving was simply impaired by a substance would be charged with driving under the influence, while people whose blood alcohol content was over 0.08%, the legal limit, would be charged with driving while over the limit in addition to the first charge.
Since Utah is an implied consent state, you should agree to consent to a blood alcohol test if one is requested of you. You still have the right to refuse to take the blood alcohol test, but refusal automatically leads to you losing your license for ninety days.
DUIs in Utah carry strict penalties, which are affected by how many DUIs you have had in the past. When you move to Utah from another state, your driving record follows you, and a DUI conviction from any other state is still looked at as a prior offense in Utah. The look back period for Utah is ten years, so any DUI that you have received within the past ten years would affect the severity of your punishment.
Punishments are as follows:
First Utah DUI offense:
– 2 days of jail time, house arrest, or community service
– Minimum $700 fine
– Alcohol assessment or treatment, and alcohol education
– Probation
– Possible installation of an ignition interlock device (depends on specific case)
– Suspension of driver’s license for 90 days to 2 years
Second Utah DUI offense:
– 240 hours jail time, house arrest, or community service
– Minimum fine of $800
– Alcohol assessment or treatment, and alcohol education
– Probation
– Mandatory installation of an ignition interlock system for 3 years minimum
– Suspension of driver’s license for 90 days to 2 years
Third Utah DUI offense:
– Third offense is considered a felony
– Up to 5 years of jail time
– Possible house arrest
– Minimum fine of $1500
– Mandatory intensive alcohol assessment and treatment
– Mandatory installation of an ignition interlock system for 3 years minimum
– Suspension of driver’s license for 90 days to 3 years
When facing a DUI charge in Utah, you are held responsible for all costs associated with your case. These include the rental of the ignition interlock device, court costs, and fees to reinstate your license. In addition to these fees, having a Utah DUI requires you to file an SR-22 insurance policy with the Utah DMV.
Conviction of a DUI will remain on your criminal record indefinitely, unless it has been sealed or expunged. For two years after your license is reinstated after being charged with a DUI, you are on alcohol restricted driver status, meaning that you must not drive with any alcohol in your system (not even a low alcohol percentage beer). If you violate your Alcohol Restricted driving privileges, your driving rights will be revoked for one year from the conviction date, and an additional three year Alcohol Restriction added.