DUI in Utah: What’s the Legal Limit and Consequences

dui limit and consequences

In Utah, there are specific laws regarding drinking and driving. The state uses the terms “driving under the influence” (DUI). It’s important to understand the legal limit and the consequences of receiving a DUI conviction.

Legal Limits

Utah’s legal blood alcohol concentration (BAC) is somewhat different from most states as it is 0.05 percent instead of the standard 0.08. If a person has a BAC of 0.05 or greater while behind the wheel, they can be arrested and charged with DUI.

For drivers younger than 21 years old, there is no actual BAC limit. Instead, Utah has a law known as “not a drop,” meaning that people that young are prohibited from having any amount of alcohol in their systems while driving.

DUI Charge Without Driving

Additionally, drivers can be charged with a DUI even if they are not actually driving. If they are simply behind the wheel and are found to be under the influence of alcohol or drugs, they can be arrested and charged with the crime. The following circumstances can apply to this situation:

• The driver is in the driver’s seat
• The driver is in possession of the car key
• The driver was touching the steering wheel or another control of the vehicle
• The driver was either awake or asleep in the car

Consequences of DUI

The penalties a person receives depends on certain factors surrounding their case. However, generally, for a first offense, there is a minimal jail sentence of 180 days in jail with two mandatory days or 48 days of community service, a fine of a minimum of $1,310, license suspension for 120 days and one year having an ignition interlock device (IID) on the individual’s vehicle if their BAC was 0.16 or higher.

A second offense includes 180 days in jail with 10 mandatory days or five mandatory in addition to 30 days of electronic monitoring, a fine of $1,560, two-year license revocation and two years with an IID on the person’s vehicle. A third offense means up to five years in prison or 62 mandatory days in jail, a $2,850 fine, license revocation for two years and two years of an IID on the vehicle.

Utah also has implied consent laws, which means any driver arrested for a DUI must submit to a breath or blood test. If they refuse, their license is suspended for 18 months for a first offense or three years for a second or third offense.

If you were arrested for a DUI in Utah, you should have Howard Lewis & Petersen on your side. It is a reputable DUI defense law firm in Provo that allows you to reach out to Provo Utah DUI lawyers when you need them. Contact DUI defense law firm in Provo, Howard Lewis & Petersen to discuss your case with Provo Utah DUI lawyers at your earliest convenience.

Posted October 29th, 2019