DUI Penalties
Utah Code 41-6a-502 — .05 is the line, a class B misdemeanor the first time
A person commits driving under the influence by operating or being in actual physical control of a vehicle in Utah with a blood or breath alcohol concentration of .05 grams or greater, or while under the influence of alcohol, any drug, or both, to a degree that makes the person incapable of safely operating it.
Who handles this in Utah: legal aid programs and the state offices, listed in the Utah directory.
| Circumstance | Level |
|---|---|
| CircumstanceA violation | LevelClass B misdemeanor |
| CircumstanceA passenger younger than 16, or a driver 21 or older with a passenger younger than 18 | LevelClass A misdemeanor |
| CircumstanceOne prior conviction within 10 years | LevelClass A misdemeanor |
| CircumstanceTwo or more prior convictions within 10 years, or any conviction after a felony one | LevelThird degree felony |
- A first conviction carries a jail sentence of not less than two days, or not less than 48 hours of compensatory service, and a fine of not less than $700, with a screening, an assessment where the screening finds one appropriate, and an educational series.
- A first conviction of extreme DUI carries not less than five days in jail, or two days plus not fewer than 30 consecutive days of home confinement on electronic monitoring, a fine of not less than $700, probation, and an ignition interlock unless the court finds on the record it is not necessary.
- With a prior conviction within 10 years, the jail sentence is not less than 20 days, or 10 days with home confinement or treatment, the fine not less than $800, and an ignition interlock is ordered.
Extreme DUI means there is admissible evidence of a blood or breath alcohol level of .16 or higher, a level of .05 or higher plus any measurable controlled substance, or two or more controlled substances that were not prescribed or recommended under the medical cannabis law.
Driving under the influence is a strict liability offense, a guilty or no contest plea to it may not be held in abeyance, and each passenger younger than 16 makes a separate offense.
Sources for this section (3)
- Utah Code 41-6a-502 — Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration -- Penalities -- Reporting of convictions
- Utah Code 41-6a-505 — Sentencing requirements for driving under the influence of alcohol, drugs, or a combination of both violations
- Utah Code 41-6a-501 — Definitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Utah attorney.