Utah · DUI · Checked October 2026

DUI Laws in Utah

What Happens if You Get a DUI in Utah?

Utah calls it DUI, and the legal limit for adult drivers is 0.05 blood alcohol content.

License hearing deadline: 10 days to challenge your license suspension
First offense jail: At least 2 days in jail or 48 hours of compensatory service work (at least 5 days for extreme DUI), up to 6 months
First offense fine: At least $700, up to $1,000
First offense license: 120 days (age 21 or older). Under 21: until age 21 or one year, whichever is longer (ages 19-20); until age 21 (under 19)
Felony: A DUI is a third-degree felony with two or more prior convictions each within 10 years of the current conviction or offense date, or at any time after a prior felony DUI conviction

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Utah DUI Laws: Key Facts

Legal limit (adults): 0.05 BACUtah Code §§ 41-6a-502(1), 41-6a-501(1)(f), 41-6a-505(13), 53-3-231(2), 53-3-414
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0 BAC (A driver younger than 21 may not operate or be in actual physical control of a vehicle with any measurable blood, breath or urine alcohol concentration.)
Enhanced penalties from: 0.16 BAC
Lookback period: 10 years
Insurance filing: SR-22
Sobriety checkpoints: Allowed

Utah DUI Penalties by Offense

DUI penalties in Utah for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	Class B misdemeanor	Class A misdemeanor (one prior conviction within 10 years)	Third-degree felony (two or more prior convictions within 10 years)
Jail	at least 2 days in jail or 48 hours of compensatory service work (at least 5 days for extreme DUI), up to 6 months	at least 10 days in jail, or 5 days plus 30 days of electronic home confinement (extreme DUI: at least 20 days, or 10 days plus 60 days of home confinement or treatment), up to 364 days	up to 5 years in prison; if the court suspends prison and grants probation, at least 60 days in jail plus 60 days of electronic home confinement (120 and 120 for extreme DUI)
Fine	at least $700, up to $1,000	at least $800, up to $2,500	up to $5,000 (at least $1,500 if prison is suspended)
License suspension	120 days (age 21 or older). Under 21: until age 21 or one year, whichever is longer (ages 19-20); until age 21 (under 19).	2-year revocation (age 21 or older) when the offense is within 10 years of the prior violation; under 21: until 21 or 2 years, whichever is longer	2-year revocation (age 21 or older) when the offense is within 10 years of a prior violation
Ignition interlock	The court must order an interlock as a condition of probation unless it states on the record that one is not necessary. After an alcohol DUI conviction you are an interlock restricted driver for 18 months from the day you install the device and reinstate your license (2 years if you were under 21).	Mandatory on all vehicles registered to or operated by you for a conviction within 10 years of a prior conviction; interlock restricted driver for 2 years from installation and reinstatement.	Mandatory on all vehicles registered to or operated by you; interlock restricted driver for 3 years after a felony DUI conviction.

First offense: Utah Code §§ 41-6a-502(2)(a), 41-6a-505(1), (3), 41-6a-509(1)-(3), 41-6a-518(2), 41-6a-518.2(2), 76-3-204(2), 76-3-301(1)(d) · Second offense: Utah Code §§ 41-6a-502(2)(b)(iv), 41-6a-505(5), (7), 41-6a-509(1)(a)(ii), 41-6a-518(2)(c), 41-6a-518.2(2), 76-3-204(1), 76-3-301(1)(c) · Third offense: Utah Code §§ 41-6a-502(2)(c), 41-6a-505(9)-(11), 41-6a-518.2(2)(b)(iii), 76-3-203(3), 76-3-301(1)(b)

When Penalties Are Higher

Passenger younger than 16, or a driver 21 or older with a passenger younger than 18: The DUI is a Class A misdemeanor, and each passenger younger than 16 is a separate offense.Utah Code § 41-6a-502(2)(b)(i)-(ii), (8)
Wrong-way driving at the time of the DUI (divided highway, freeway entrance or exit, or a multi-lane one-way highway other than a roundabout): The DUI is a Class A misdemeanor.Utah Code § 41-6a-502(2)(b)(iii)
Extreme DUI: BAC 0.16 or higher, BAC 0.05 or higher plus any measurable controlled substance, or two or more controlled substances not prescribed or recommended: Higher mandatory minimums: first offense at least 5 days in jail (or 2 days plus 30 days of home confinement), required probation and interlock unless waived, and interdicted-person designation; repeat offense at least 20 days (or 10 days plus 60 days of home confinement or treatment).Utah Code §§ 41-6a-501(1)(f), 41-6a-505(1), (5)
BAC 0.16 or higher: The court must order treatment and at least one of an interlock, a continuous alcohol monitor, or electronic home confinement, or state on the record why not.Utah Code § 41-6a-505(13)
Any prior felony DUI conviction: A new DUI at any time after a felony DUI conviction is a third-degree felony, regardless of how long ago.Utah Code § 41-6a-502(2)(c)(ii)

More on Utah DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

License revoked for 18 months (36 months with a prior offense within 10 years), followed by a two-year interlock restriction and a 5- or 10-year alcohol-restricted driver status. Refusing a blood test after a judge issues a warrant is a separate crime: a Class B misdemeanor sentenced like DUI with one extra day of jail and $100 more in fines.Utah Code §§ 41-6a-520, 41-6a-520.1, 41-6a-521, 41-6a-518.2(1)(b)(ii)(G)

Official source: if you refuse a breath or blood test in Utah

Getting a Limited License; Ignition Interlock Restricted Driver Election

After a first administrative DUI suspension, you may petition the division to become an ignition interlock restricted driver for the 120-day period instead of being suspended, if you install an interlock and pay reinstatement fees. After a refusal revocation or a repeat suspension you may make the same election after serving at least 90 days, with a two-year interlock period. The division's alcohol/drug-related limited license requires being violation-free for at least one year and applies where the original sanction was extended at least three years.

Official source: getting a limited license; ignition interlock restricted driver election in Utah

Ignition Interlock

First offense: Ordered as a probation condition unless the court finds it unnecessary; mandatory if you were under 21. Interlock restriction lasts 18 months after a first alcohol DUI conviction (2 years if under 21). Repeat offenses: Mandatory on every vehicle registered to or operated by you for a conviction within 10 years of a prior; restriction lasts 2 years (3 years after a felony DUI, 4 years after automobile homicide). The restriction period runs from the day you provide proof of installation and reinstate your license, and is extended by any days the device is removed. You pay the costs unless the court finds you indigent. Driving an employer-owned vehicle for work is allowed with employer verification if the vehicle is not for personal use and you do not own the business. Driving without a required interlock is a Class B misdemeanor.

Official source: ignition interlock in Utah

Can a DUI Come Off Your Record?

Expungement is available for a misdemeanor DUI conviction. Felony DUI convictions are not eligible. Waiting period: 10 years after the day you were convicted or released from incarceration, parole or probation, whichever happened last. You must have paid all fines, interest and restitution, have no pending criminal case or plea in abeyance (except traffic), not be on probation or parole, and stay under the statute's limits on total prior convictions. You apply to the Bureau of Criminal Identification for a certificate of eligibility.

Official source: can a dui come off your record? in Utah

DUI Checkpoints

Sobriety checkpoints are allowed in Utah. Legal basis: Statute: an administrative traffic checkpoint, including one to detect drivers under the influence, may operate only on a magistrate's written authority approving a signed written plan.Utah Code § 77-23-104

Official source: dui checkpoints in Utah

Drivers Under 21

Not-a-Drop: a driver younger than 21 may not drive with any measurable alcohol. A driver under 21 at 0.05 or impaired can also be charged with DUI. Not-a-Drop: license denied for at least 6 months starting on the 60th day after arrest (first offense); until 21 or 2 years, whichever is longer, for a repeat within 10 years; a substance abuse assessment and any recommended program are required to reinstate. DUI conviction under 21: suspension until 21 (or one year if longer, ages 19-20), and a mandatory interlock.

Official source: drivers under 21 in Utah

Driving After Using Drugs

Yes. The DUI statute covers being under the influence of alcohol, any drug, or a combination to a degree that makes you incapable of driving safely. Driving with any measurable controlled substance or metabolite taken illegally is a separate offense (§ 41-6a-517), and combining alcohol at 0.05+ with a controlled substance is extreme DUI.

Official source: driving after using drugs in Utah

More on DUI Law in Utah

For the state's own guidance, see Utah Driver License Division: Driving Under the Influence (DUI).

This page summarizes Utah law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Utah can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in Utah?

Jail: at least 2 days in jail or 48 hours of compensatory service work (at least 5 days for extreme DUI), up to 6 months. Fine: at least $700, up to $1,000. License suspension: 120 days (age 21 or older). Under 21: until age 21 or one year, whichever is longer (ages 19-20); until age 21 (under 19)..

How Long Do You Have to Request a License Hearing in Utah?

10 days. How it is counted: the day the officer gives you the notice of the Driver License Division's intent to suspend (officers must give it within 24 hours of arrest). The statute says 10 calendar days; the Driver License Division tells drivers to request the hearing within 10 days of the arrest. Submit the Driver License Division's DUI Hearing Request online (recommended) or on the printable form; the division then contacts you to schedule. The hearing is held within 45 days after arrest in the county of arrest or an adjacent county. If you miss it, the suspension usually takes effect automatically.

When Is a DUI a Felony in Utah?

A DUI is a third-degree felony with two or more prior convictions each within 10 years of the current conviction or offense date, or at any time after a prior felony DUI conviction.

Do You Need an SR-22 After a DUI in Utah?

Yes. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.

Are DUI Checkpoints Legal in Utah?

Yes. Legal basis: Statute: an administrative traffic checkpoint, including one to detect drivers under the influence, may operate only on a magistrate's written authority approving a signed written plan.