Utah DUI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

A Utah DUI arrest under Utah Code 41-6a-502 triggers two parallel processes: a criminal case in Justice Court (or District Court for felony-level facts), and an administrative license revocation by the Driver License Division. The administrative side moves on a tight 10-day clock, and Utah is the only state in the country where the per-se BAC threshold for adult drivers is 0.05% rather than the 0.08% used everywhere else.

The legal threshold

Utah's per-se DUI thresholds:

Adults 21+: 0.05% BAC. The lowest adult threshold in the United States, effective December 30, 2018.
Drivers under 21: any detectable amount — Utah's "Not-A-Drop" rule.
Commercial drivers (CDL): 0.04% BAC, the federal standard.
Drivers on probation for a prior DUI: any detectable amount.
Drivers under court order or interlock requirement: any detectable amount.

Utah also charges DUI under 41-6a-502(1)(a) for "incapable of safely operating" without a specific BAC, on impairment evidence alone. That means a driver below 0.05% can still be charged if the officer can prove impairment by alcohol, drugs, or any combination.

The 10-day administrative window

After a DUI arrest where the BAC was 0.05% or higher (or the driver refused chemical testing), the arresting officer typically takes the driver's Utah driver license and issues a citation that doubles as a 29-day temporary driving permit. The administrative revocation is set to begin on day 30 unless the driver requests a hearing in writing within 10 calendar days of the arrest.

The administrative revocation periods:

120-day revocation for a first BAC-failure offense.
2-year revocation for a second offense within 10 years.
18-month revocation for a first chemical-test refusal.
3-year revocation for a second chemical-test refusal within 10 years.

First-offense criminal penalties

A first DUI conviction in Utah is a class B misdemeanor unless aggravating factors elevate it. The penalty package typically includes:

Mandatory minimum 48 hours in jail or 48 hours of community service, or 48 hours of home confinement.
Fine between $700 and $1,690 with surcharges (the surcharges roughly double the base).
License revocation of 120 days, separate from any administrative revocation.
Mandatory completion of a screening assessment and any treatment recommended (Prime For Life or equivalent).
Probation for 1-3 years.
Mandatory ignition interlock device for any hardship driving privilege issued during the revocation; an IID lookback applies for 18 months minimum after reinstatement.
SR-22 financial responsibility filing for 3 years — see Utah car insurance.

Aggravating factors

Utah escalates penalties when any of these apply:

BAC at or above 0.16% (high-BAC enhancement — longer IID, longer probation).
An accident with bodily injury (DUI with injury is a class A misdemeanor or third-degree felony depending on injury severity).
A passenger under 16 in the vehicle (separate child endangerment charge under 76-5-112.5).
Excessive speed at the time of arrest.
A prior DUI within the 10-year lookback window.
Refusal of chemical test (treated as additional offense for licensing purposes).

Repeat offenses

A second DUI within 10 years carries:

Mandatory minimum 240 hours in jail (or 720 hours home confinement) on top of court-set jail time.
Fine $800-$1,690 plus surcharges.
2-year license revocation.
Mandatory IID for 3 years from reinstatement.

A third DUI within 10 years is a third-degree felony — up to 5 years in prison, $5,000 fine, and a 2-year revocation with no hardship eligibility for the first year. Causing death while DUI is automotive homicide under 76-5-207, a second-degree felony with up to 15 years in prison.

Ignition Interlock Devices (IID)

Utah requires an IID on any vehicle the convicted driver operates during a hardship privilege and for at least 18 months following reinstatement after a first offense. The device is installed at the driver's expense (typically $70-$100/month plus a $100-$150 install fee), reports rolling-test results to the DLD, and prevents the vehicle from starting on a measurable BAC. Failed tests during the lookback window can extend the IID period and prompt an administrative review.

Underage Not-A-Drop

Drivers under 21 face revocation for any detectable BAC, with a 6-month suspension for a first offense and progressively longer suspensions for repeats. Underage DUI also affects the path to an unrestricted license — see Utah teen license for how the intermediate-stage rules apply, and the point system for how convictions stack on the driver record.