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DUI in Utah can range from a Class B Misdemeanor to a Felony. The chart on the bottom of this page gives a general idea of the penalties.
A first or second offense DUI within the past 10 years will be charged as a Class B Misdemeanor. A Class B Misdemeanor is punishable by 0-180 days in jail and a fine and fee of $1,850. If the offense involved an accident where any person was injured, including a passenger in the offender’s car, or if there was a child in the car under the age of 18 at the time of the offense, you will be charged with a Class A Misdemeanor. A Class A Misdemeanor is punishable by 0-365 days in jail and a fine and fee of $4,625.
A first conviction for DUI in 10 years carries a minimum sentence of 2 days in jail (or at the judge’s discretion, 48 hours of community service), 12 months of probation, mandatory DUI treatment, and a minimum fine of $1,295.00. A blood alcohol level of .16 or greater also requires supervised probation and installation of an expensive, restrictive ignition interlock device.
A second conviction for DUI in 10 years carries a minimum sentence of 10 days in jail (or at the judge’s discretion, 240 hours of community service), 12 months of supervised probation, increased mandatory DUI treatment, automatic installation of an ignition interlock device, and a minimum fine of $1,480.00.
A third or subsequent conviction for DUI within 10 years can be charged as a Third Degree Felony. A Third Degree Felony is punishable by 0-5 years in the Utah State Prison, but a Third DUI carries a minimum mandatory jail sentence of 62 days with no option for community service.
In addition, if you are convicted of an offense involving a Felony or Class A Misdemeanor, you will be required to give a DNA sample that will be placed in a law enforcement database for the rest of your life. DUI-related convictions also carry a significant public stigma, result in significantly increased auto insurance rates, and may cause problems when seeking employment.
Note: On a mobile device, rotate your screen to landscape format to view the following table properly.
| Offense Number | Severity Level | Incarceration | Penalties |
| 1st Offense in 10 years | Class B Misdemeanor | 0-180 days in jail (minimum mandatory two (2) days in jail or 48 hours of community service) | $1850 fine and fee (minimum fine and fee of $1295) Mandatory counseling Ignition Interlock Device Probation up to 18 months |
| 2nd Offense in 10 years | Class B Misdemeanor | 0-180 days in jail (minimum mandatory 10 days in jail or 240 hours of community service) | $1850 fine and fee (minimum fine and fee of $1480) Mandatory Counseling Ignition Interlock Device Probation up to 18 months |
| 3rd Or subsequent offense in 10 years | 3rd Degree Felony | 0-5 Years in Prison (minimum 62 days in jail) |
$9,250 fine and fee Residential Treatment Probation up to 36 months |
People don’t always understand the long-term consequences of a DUI. They’re familiar with other minor misdemeanor offenses, but they don’t quite comprehend all the collateral consequences. One such consequence if you’re arrested and convicted of DUI is that you become an ignition interlock-restricted driver for 18 months, even on a first offense, regardless of what your criminal history is and regardless of what your blood alcohol level is.
Utah also has an alcohol-restricted driver statute, which stipulates that anybody convicted of a DUI is classified–on a first offense for two years and a second offense for 10 years–as an alcohol-restricted driver, which means they’re prohibited from driving any vehicle with any measurable amount of alcohol in their system. People don’t comprehend that there is going to be additional consequences over and above even jail, community service, a fine, having to attend classes and an educational series.
One other surprising consequence is that people who get DUIs are restricted from traveling to Canada for a period of 10 years.
There are a lot of different consequences that most people don’t think about when they get the DUI until after it’s too late.
We have a fully staffed knowledgeable, experienced legal team ready to help you. Schedule your consultation today!
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