Glen W. Neeley – Utah DUI Defense Attorney
Glen W. Neeley
Utah DUI Defense Attorney  ·  Defending Clients Since 1998
Utah DUI Defense · Glen W. Neeley

Utah DUI Penalties
& Consequences (2025)

A complete breakdown of what you are facing — jail, fines, license suspension, interlock requirements, and more — for every level of DUI charge in Utah.

📅 Current as of May 2025
Utah Code § 41-6a-502
📋 DUI Matrix & Statutory Overview
Call (801) 645-5008 — Free Consultation

Most first and second DUI charges in Utah are misdemeanors — but misdemeanor does not mean minor. These convictions carry mandatory jail, significant fines, license suspension, and lasting collateral consequences.

Class B Misdemeanor
First DUI Conviction
Standard first offense · BAC .05–.15
Jail
Minimum 48 hours jail or 48 hours compensatory service
Fine
$700 minimum + surcharges + court security fee
License
120-day suspension for drivers 21+
Interlock
Often required; court may waive on the record
Screening
Screening required; education series may be ordered
Probation
Court may order supervised probation
Other
Electronic monitoring, alcohol monitoring, treatment at court’s discretion
Class A Misdemeanor
Second DUI Within 10 Years
Prior conviction within 10-year lookback period
Jail
Minimum 10 days jail or 5 days jail + 30 days home confinement
Fine
Increased mandatory fines and surcharges
License
Up to 2-year revocation
Interlock
Required in most cases
Treatment
Screening, assessment, and treatment commonly ordered
Probation
Supervised probation required

Extreme DUI applies when BAC reaches .16 or higher, when BAC is .05+ combined with a controlled substance, or when multiple controlled substances are present. Penalties are significantly enhanced over standard DUI.

Extreme DUI
First Extreme DUI
Class B or Class A depending on circumstances

Triggers: BAC .16+ · BAC .05+ with any measurable controlled substance · Combination of multiple controlled substances

Jail
Minimum 5 days jail or 2 days jail + 30 days home confinement
Fine
$800 minimum + surcharges + court security fee
Interlock
Typically required
Screening
Mandatory screening and assessment
Other
Home confinement, treatment, alcohol monitoring may be ordered
Extreme DUI
Second Extreme DUI Within 10 Years
Class A Misdemeanor — significantly enhanced penalties
Jail
Minimum 20 days jail or 10 days jail + 60 days home confinement
Fine
Increased fines and surcharges
Interlock
Typically required
Treatment
Substance abuse treatment often mandatory
Probation
Supervised probation required
Other
Alcohol monitoring and electronic supervision may apply

A DUI becomes a third-degree felony when it is the driver’s third DUI within 10 years, or when the driver has any prior felony DUI conviction. Felony DUI carries the possibility of state prison and lifelong consequences.

A felony DUI conviction results in the loss of civil rights including the right to vote while incarcerated, the right to possess a firearm, and significantly impacts future employment, housing, professional licensing, and immigration status.
3rd Degree Felony
Third DUI or Prior Felony DUI
3rd DUI within 10 years · or prior felony DUI conviction
Prison
0–5 years in state prison possible
Alternative
60 days jail + 60 days electronic home confinement
Fine
$1,500 minimum + surcharges
Interlock
Required in most cases — 6-year restriction
Treatment
Screening, assessment, and treatment required
Probation
Supervised probation required if prison not imposed
3rd Degree Felony
Felony Extreme DUI
Felony threshold + BAC .16 or higher / drug combination
Prison
0–5 years in state prison possible
Alternative
120 days jail + 120 days home confinement
Fine
$1,500 minimum + surcharges
Interlock
Required — extended restriction period
Treatment
Mandatory screening and substance abuse treatment

License actions in Utah operate on two separate tracks — administrative (Driver License Division) and criminal (courts). Both can suspend your driving privileges independently. The DLD action begins with your arrest; you have only 10 days to request a hearing.

Suspension & Revocation Periods by Offense

DLD & Court Combined
Offense / Situation Suspension Period Notes
First DUI (Age 21+) 120 days Eligible for Ignition Interlock Restricted Driver status
Second DUI 2 years May be eligible for IRD after initial hard suspension period
Refusal of Chemical Test — 1st 18 months Administrative action — automatic if no hearing requested within 10 days
Refusal of Chemical Test — 2nd 36 months Significantly limits IRD eligibility
Underage DUI (Under 21) Until age 21 or 1–2 years, whichever is longer Zero tolerance — any detectable alcohol triggers suspension
Commercial CDL Driver Minimum 1-year CDL disqualification Applies even if offense occurred in a personal vehicle
Automobile Homicide DUI Extended revocation Felony enhancement; separate sentencing track

Utah law requires installation of an Ignition Interlock Device (IID) after most DUI convictions. The device requires a clean breath sample before the vehicle will start and periodic rolling retests while driving. As of 2024, Utah also requires a camera alongside the IID to verify the driver is providing the sample.

Ignition Interlock Restriction Periods

At Minimum
Offense Interlock Period Notes
First DUI (Age 21+) 18 months Each breath violation adds 60 days; early removal triggers re-suspension
Under 21 DUI 3 years Zero tolerance applies throughout restriction period
Second DUI 3 years Required on all vehicles driver operates — including motorcycles
Felony DUI 6 years IRD program conditions strictly enforced
Automobile Homicide 10 years Lifetime monitoring possible depending on circumstances

Following a DUI conviction, drivers are placed on Alcohol Restricted Driver (ARD) status for a period determined by the offense level. During this time, you may not drive with any measurable amount of alcohol in your body — far below the standard .05% limit. Violations carry additional criminal penalties.

First DUI
2
Years

Zero detectable alcohol. Any violation is a separate criminal charge.

Class A DUI
5
Years

Second DUI or elevated classification carries extended restriction.

Second DUI
10
Years

Decade-long zero-alcohol driving restriction after second conviction.

Felony DUI
Lifetime

A felony DUI conviction results in permanent ARD status — for life.


Beyond mandatory minimums, Utah courts have broad discretion to impose additional conditions as part of a DUI sentence or probation. These conditions can significantly affect daily life and employment for years after conviction.

🏫
Substance Abuse TreatmentInpatient or outpatient treatment program as directed by the court
📋
DUI Education CourseMandatory completion of a state-approved DUI education program
👥
Supervised ProbationRegular check-ins with a probation officer; may include random testing
🏠
Electronic Home ConfinementAnkle monitor restricting movement to approved locations and times
💋
Continuous Alcohol MonitoringSCRAM ankle bracelet detecting alcohol 24 hours a day through skin
🌟
Community ServiceCourt-ordered service hours at approved non-profit organizations
24/7 Sobriety ProgramTwice-daily breath tests at a county facility or SCRAM bracelet monitoring
🔍
Random Drug & Alcohol TestingUnannounced urinalysis or breath testing throughout probation period

ⓘ What Can Make Penalties Worse
  • Child passenger present: Penalties are significantly enhanced if a minor was in the vehicle at the time of the DUI
  • Accident or injury involved: DUI with injury or serious bodily injury elevates the offense and can result in felony charges regardless of prior history
  • High BAC (.16+): Triggers Extreme DUI classification with mandatory enhanced minimums
  • Controlled substance combination: Any measurable controlled substance alongside a .05+ BAC triggers Extreme DUI penalties
  • Prior DUI history: Utah uses a 10-year lookback window to determine if prior offenses enhance the current charge
  • Commercial vehicle: CDL disqualification is automatic and federally mandated, applied even for offenses in personal vehicles
  • Refusal of chemical test: Triggers automatic license revocation independent of the criminal case outcome
ⓘ What Can Work in Your Favor
  • Unlawful stop: If the officer lacked reasonable suspicion to pull you over, all evidence may be suppressed
  • Test procedure failures: Breath test calibration issues, improper administration, or chain-of-custody problems with blood draws can render results inadmissible
  • FST errors: Improper administration of field sobriety tests, poor conditions, or undisclosed medical conditions can invalidate the results
  • Plea negotiation: With the right attorney, DUI charges can sometimes be reduced to lesser offenses — avoiding the most severe collateral consequences
  • Alternative programs: Qualification for the 24/7 Sobriety Program or Ignition Interlock Restricted Driver status can preserve your ability to drive and avoid jail
  • Early action: Evidence preserved early, motions filed on time, and DLD hearings requested within 10 days all significantly increase your options

Facing Any of These Penalties?
Get Experienced Help Immediately.

Glen W. Neeley has defended Utah DUI cases since 1998. The earlier he gets involved, the more options remain available. Call now — available 24 hours a day, 7 days a week.

(801) 645-5008 Schedule Your Free Consultation

Available 24/7 · Ogden & Salt Lake City · Statewide Utah

This page is for general informational purposes only and reflects Utah DUI law as of May 2025. It does not constitute legal advice. Penalties vary based on individual circumstances, criminal history, and judicial discretion. This overview does not replace the Utah Code or consultation with a licensed attorney. Glen W. Neeley — Utah State Bar #9963.