An Overview of DUI Penalties in Utah

Editor's note: This post was first published in 2013. It was updated on Dec 10, 2025, for clarity and accuracy.

Utah treats impaired driving seriously. Most first-time DUI cases are misdemeanors, but charges can be enhanced—sometimes to a third-degree felony—when certain facts are present (serious injury, young passengers, or repeat convictions). What follows is a plain-English summary of how Utah law handles DUIs and the penalties a court can impose.

Summary

Utah DUI law prohibits driving with a BAC of 0.05% or higher (0.04% for CDL in CMVs) and includes a zero-tolerance rule for drivers under 21, as well as impairment-based charges regardless of BAC. A first offense is typically a Class B misdemeanor with mandatory sanctions (e.g., 48 hours jail, work service, or home confinement), and enhancements can elevate charges to a Class A misdemeanor or a third-degree felony for injuries, a child passenger, serious bodily injury, or prior convictions. Administrative consequences can include license suspension, alcohol-restricted status, and ignition interlock requirements. Fast deadlines apply, so early legal counsel can affect outcomes, including potential reductions to “impaired driving.”

Key thresholds (Utah)

• Standard drivers: 0.05% BAC per se limit (since 2018) Utah Legislature+1

• Commercial drivers (CDL, when operating a CMV): 0.04% BAC Utah Legislature

• Under 21: Utah’s “not-a-drop” zero-tolerance policy (no measurable alcohol)

What counts as DUI in Utah

Under Utah Code § 41-6a-502, it’s illegal to drive:

• with an alcohol concentration at or above 0.05%, or

• while alcohol, drugs, or a combination renders you incapable of safely operating—even if your BAC is below 0.05%.Utah can also charge “impaired driving” in certain plea scenarios under § 41-6a-502.5. Utah Legislature+1

Misdemeanor levels and typical enhancements

A first DUI is generally a Class B misdemeanor. It may escalate to a Class A misdemeanor if, for example, the DUI involves:

• Bodily injury to another person, or

• A passenger under 16. Sentencing requirements live in § 41-6a-505. Utah Legislature

Typical first-offense sentencing range (court chooses one primary sanction)

For a first misdemeanor DUI, courts must order at least one of the following:

• 48 hours in jail, or

• 48 hours of compensatory work service, or

• Home confinement with electronic monitoring.Additional conditions can include fines, screening/assessment, and education or treatment. Utah Legislature+1

When DUI becomes a felony (third-degree)

A DUI can be charged as a third-degree felony when any of the following apply:

• The DUI causes serious bodily injury, or

• The driver has two or more prior DUI-qualifying convictions within 10 years.“Automobile homicide” is charged separately when a death is involved. Penalties and enhancements are defined across Utah’s DUI part and sentencing section. Utah Legislature+1

Administrative penalties and Ignition Interlock

Beyond criminal sentencing, drivers face administrative actions:

• License suspension and alcohol-restricted driver status in some cases (no alcohol in system while driving). Utah Driver License Division

• Ignition Interlock Device (IID) requirements in specified situations; operating without a required IID brings additional penalties under § 41-6a-518 & § 41-6a-518.2. Utah Legislature+1

Every case is different—get counsel early

Deadlines arrive fast (e.g., administrative hearings). Early intervention preserves evidence, protects your rights, and can influence outcomes such as charge reductions (for instance, an “impaired driving” plea per § 41-6a-502.5, when available). Utah Legislature

Free, confidential case review: Speak with a Utah DUI defense lawyer at The Zabriskie Law Firm to understand your options.