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.
Misdemeanor DUI Penalties
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.
Extreme DUI Penalties
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.
Triggers: BAC .16+ · BAC .05+ with any measurable controlled substance · Combination of multiple controlled substances
Felony DUI Penalties
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.
Driver License Suspension & Revocation
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 |
Ignition Interlock Requirements
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 |
Alcohol Restricted Driver (ARD) Status
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.
Zero detectable alcohol. Any violation is a separate criminal charge.
Second DUI or elevated classification carries extended restriction.
Decade-long zero-alcohol driving restriction after second conviction.
A felony DUI conviction results in permanent ARD status — for life.
Additional Court-Ordered Conditions
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.
Important Notes & Enhancements
- 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
- 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 ConsultationAvailable 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.