• State Penal Code – UT Code Title 41, Chapter 6a, Part 5, Section 503
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes – every other month
• Alcohol Exclusion Laws Limiting Treatment – Yes
• *Beginning in 2018. Utah will become the first state to lower BAC to .05 from .08

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Utah are:

1st Refusal

• 18 month license suspension

2nd Refusal

• 3 year license suspension

3rd Refusal

• 3 year license suspension

• In Utah the lookback period is 10 years
• Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .00% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• license suspension (90 day minimum, 120 day maximum)

2nd Offense

• license suspension (until you turn 21)

1st Offense

• 120 day license suspension (minimum)

• $700 – $1000 fine

• Prison (48 hour minimum, 6 month maximum)
• 240 hours of Community Service
• you will be required to attend a state approved alcohol and drug educational program

2nd Offense

• 1 year license suspension

• $800 – $1000 fine

• Prison (10 day minimum, 6 month maximum)
• you will be required to attend a state approved alcohol and drug educational program
• Installation of Ignition Interlock Device

• Although there are no official guidelines for Aggravated DUI/DWI in Utah, it is generally assumed that higher penalties will be assigned at the discretion of the judge.

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Utah an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• *Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Utah does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved

*In Utah ‘Wet Reckless’ is known as ‘Impaired Driving’ and is listed under vehicle law code section [41-6a-502.5]