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An Overview of DUI Penalties in Utah

Updated: Oct 13


In Utah, a driver’s first driving under the influence (DUI) offense is considered a misdemeanor, unless that DUI was extremely serious, such as a DUI accident causing serious injury or death. Listed below are DUI charges and penalties pulled directly from the Utah Traffic Code, § 502.

According to § 41-6a-502, driving under the influence of drugs and/or alcohol with an unsafe blood alcohol concentration (BAC) is against the law. For drivers under the age of 21, there is a zero tolerance rule that does not allow for any measurable BAC. For drivers of commercial motor vehicles (CMVs), the maximum BAC is .04 percent, while for other drivers that limit is .08 percent.

This specific statute is also distinct from other state’s DUI statutes in that it provides for DUI charges even if the driver’s BAC did not exceed .08 percent. According to the statute, a person can be arrested if their BAC is at or above .08 percent OR can be arrested if they have sufficient alcohol or drugs in their system as to render them incapable of driving safely.

A first or second-time DUI defense offense under this statute can be charged as either a class B misdemeanor or a class A misdemeanor. Typically, DUI offenses will only be charged as class A misdemeanors if that DUI also involved:

inflicting a bodily injurya passenger under 16 in the vehicle of the drunk drivera drunk driver at least 21 years old and a passenger under 18

A first misdemeanor DUI conviction can warrant minimum jail time of 48 consecutive hours, participation in a compensatory-service work program OR participation in home confinement for at least 48 consecutive hours (possibility of an electronic monitoring device). To view all the sentencing requirements for Utah DUIs, visit 41-6a-505 of the Utah Statutes.

A DUI can be charged as a third degree felony under the following circumstances:

The DUI caused an accident that inflicted serious bodily injuryThe drunk driver had two or more prior convictions within ten yearsAutomobile homicide

Utah Statute allows a person charged with a felony DUI to plead to reduce their charges to a misdemeanor provided that they complete the terms of probation, such as potential drug or alcohol counseling and community service.

In addition to criminal penalties that correspond with the type of charge (class A misdemeanor, class B misdemeanor, third degree felony, etc.), those convicted of DUI will also face administrative penalties such as driver license suspension and installation of an ignition interlock device. Each DUI case differs drastically from the next, so to learn more about the charges and sentencing that you could face, contact a Salt Lake City DUI attorney from The Zabriskie Law Firm today.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Call Zabriskie Law Firm Criminal Defense Attorney in Salt Lake City for a free case evaluation. You can learn more about our criminal lawyer in salt lake city in the different areas of practice that we handle in criminal defense lawyers in Salt Lake City. Select one of the categories below to find out more information about your type of case and what our attorneys can do for you, or scroll down to learn more about our other criminal defense services. When you work with a Salt Lake City criminal defense lawyer from our firm, you can breathe easier knowing that we will be willing to go the distance in our efforts to help you fight for your desirable result. At Zabriskie Law Firm, we will fight aggressively for your case to get you the best possible verdict. As one of the most recognized DUI lawyers in Salt Lake City, Utah, we have a proven track record for dismissing or reducing the penalties in a Salt Lake City DUI defense cases. Our DUI lawyers in Salt Lake City have obtained positive outcomes in hundreds of cases for a misdemeanor or felony DUI charges and are prepared for the aggressive approach necessary to win your case. We have decades of experience in protecting the rights of Salt Lake City, Provo, Boise and Denver residents. Contact us today so we can begin preparing an effective Salt Lake City DUI case on your behalf. When choosing a criminal defense attorney Salt Lake City to help you with your claim, it is wise to review what they can do for you. At the Zabriskie Law Firm, we have decades of combined legal experience, having helped hundreds of people successfully win their cases. Our legal team has successfully obtained compensation for clients in many areas of personal injury, including those involving serious car accidents, truck accidents and motorcycle accidents, including distracted driving accidents and DUI defense attorney Salt Lake City. Resource

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