Utah DUI/DWI Laws: Penalties, Court Process, and Records

In Utah, a DUI means operating a vehicle while impaired by alcohol, drugs, or both. Utah has the lowest legal blood alcohol concentration (BAC) limit in the nation at 0.05%, which makes its DUI laws among the strictest in America. For this reason, it is important to know the DUI laws in Utah, the penalties for DUI, the arrest and court processes, how to obtain records of DUI, and how long DUI offenders have these convictions on their records.

What Is a DUI in Utah?

According to Utah Code §41-6a-502, DUI means driving or having physical control of a vehicle while being impaired by alcohol, drugs, or a mix of both.

The legal limits in Utah are:

• 0.05% BAC for drivers age 21 and older (lowest limit in the U.S.)
• 0.04% BAC for commercial drivers
• 0.00% BAC for drivers under 21 (zero tolerance law).

Drivers can also be charged with DUI if they are impaired by illegal drugs, prescription drugs, or any other substances that can affect their ability to drive.

DUI Penalties in Utah

Utah has a 10-year look-back period for repeat offenses. Penalties escalate with subsequent convictions.

• First DUI Offense (Class B misdemeanor):
  • Offenders may face potential jail time of up to 180 days (mandatory 2 days in jail or 48 hours of community service)
  • First-time offenders may face fines ranging from $1,310 (with surcharges)
  • Your license may be suspended for 120 days
  • Possible mandatory alcohol/drug screening and treatment
  • Ignition interlock device (IID) for 18 months if under 21 or BAC ≥0.16%
• Second DUI Offense (within 10 years, Class B misdemeanor):
  • Offenders may face potential jail time ranging from 10 days to 180 days (or 240 hours of community service)
  • Offenders must pay a fine of not less than $800
  • Your license may be suspended for 2 years
  • An ignition interlock device (IID) is required for 3 years before reinstatement
  • Possible mandatory treatment program
• Third or Subsequent DUI (Felony, Third Degree):
  • Offenders may face potential jail time of up to 5 years
  • Offenders must pay a fine of not less than $2,850 (with surcharges)
  • Your license may be suspended for 2 years
  • An ignition interlock device (IID) is required for 6 years

DUI Arrest and Court Process in Utah

Utah DUI cases include both administrative and criminal procedures:

1. Traffic Stop and Arrest – In Utah, police officers are authorized to perform sobriety and chemical tests. If someone refuses, their license is immediately revoked under Utah’s implied consent law.
2. Booking and Charges – The accused is processed, fingerprinted, and charged with DUI.
3. Administrative License Suspension (ALS) – The Utah Driver License Division (DLD) imposes a license suspension, which can be contested at a hearing within 10 days.
4. Arraignment – The defendant learns about the charges in court and enters a plea.
5. Pre-Trial Hearings – During the pre-trial hearing, the defense can question the accuracy of the tests, the probable cause, or the procedures followed by the officer
6. Trial – If a plea deal is not agreed upon, the case goes to trial.
7. Sentencing – If convicted, penalties include fines, jail time, license suspension, an ignition interlock device (IID), and treatment programs.

How to Search for DUI Records in Utah

DUI records in Utah are public, though access depends on the type of record:

• Utah Courts Xchange System: This statewide system provides public access to case information, including DUI charges, by name or case number.
• Utah Driver License Division (DLD): The division maintains driver histories, including DUI convictions, suspensions, and IID requirements. Drivers can request their own records.
• County Justice and District Courts: You can access certified copies of DUI case files and sentencing records from your local Justice and District Courts. It is always best to make inquiries about the process involved and potential fees before going to the courthouse.
• Utah Bureau of Criminal Identification (BCI): The BCI maintains statewide criminal history reports for authorized purposes.
• Third-Party Background Check Services: Third-party providers offer a DUI record look-up service for a small fee. However, records might not always be officially accurate.

How Long Does a DUI Stay on Your Record in Utah?

Utah retains DUI convictions for long periods:

• Criminal Record: A DUI conviction remains permanent. Utah does not allow expungement of felony DUIs. However, a misdemeanor DUI may be eligible for expungement after 10 years if no further convictions occur.
• Driving Record: A DUI conviction stays on your driving record in Utah for 10 years.
• Insurance and Employment: Having a DUI usually makes your insurance rates go up for 5 to 10 years. This information can be seen by employers and licensing agencies for an indefinite period.

Utah has the lowest BAC limit in the nation at 0.05%, which makes its DUI laws some of the strictest in the United States. DUI penalties in Utah are harsher, with mandatory jail time for all first-time offenders. Public records are available via Utah’s court system and Driver License Division. While some misdemeanors can be expunged in ten years, most convictions are on record forever.