Utah · DUI · Checked October 2026
Utah DUI Penalties: First, Second and Third Offense
Utah DUI Penalties: What Are the Rules?
Utah sets DUI penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 10 years
Utah DUI Penalties by 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. |
Other First Offense Penalties in Utah
- Mandatory screening, assessment if the screening calls for it, and an educational series or substance abuse treatment.
- You pay the administrative impound fee and towing and storage fees.
- Extreme DUI first offense: at least 5 days in jail (or 2 days plus 30 days of electronic home confinement), required probation, interlock unless the court finds it unnecessary, and designation as an interdicted person.
- A guilty or no contest plea to DUI may not be held in abeyance.
Other Second Offense Penalties in Utah
- Required probation, screening, assessment and education or treatment.
- The court may designate you an interdicted person; for extreme DUI it must.
Other Third Offense Penalties in Utah
- If prison is suspended: supervised probation and court-ordered screening, assessment and treatment.
When Penalties Are Higher in Utah
- 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.
- 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.
- 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).
- 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.
- 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.
When a DUI Is 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.Utah Code § 41-6a-502(2)(c)
How Far Back Prior Offenses Count in Utah
10 years. Prior convictions count if they are within 10 years of the current conviction or of the commission of the current offense. Priors include DUI, impaired driving, refusing a chemical test, driving with a controlled substance, automobile homicide, negligent injury and similar out-of-state offenses. After a felony DUI, there is no time limit.Utah Code §§ 41-6a-501(2), 41-6a-502(2)
More on DUI Law in Utah
See the full overview of DUI laws in Utah and read about first-offense DUI penalties across the states.
This page summarizes Utah law from official sources, checked October 2026. It isn't legal advice; 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)..
What Is the Penalty for a Second DUI in Utah?
Jail: 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. Fine: at least $800, up to $2,500. License suspension: 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.
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.
Sources
- Penalties: 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)
- Penalties: 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)
- Lookback period: Utah Code §§ 41-6a-501(2), 41-6a-502(2)