Utah's rule on DUI penalties turns on a feature the national template does not capture: BAC limits: 0.05% per se for adults (Utah’s lowered limit); 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor Class B with fines, possible jail, license suspension, assessment, and ignition-interlock requirements. Felony threshold: A third DUI within 10 years can be a felony; DUI with serious injury/death can also be a felony. The controlling authority is Utah Code § 41-6a-502. Lookback: Prior DUI convictions within 10 years enhance; a felony DUI lookback can use longer windows for habitual tracks.. Ignition interlock: Ignition interlock is commonly required for driving privileges after DUI.
Key takeaways
- BAC limits: 0.05% per se for adults (Utah’s lowered limit); 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior DUI convictions within 10 years enhance; a felony DUI lookback can use longer windows for habitual tracks.
- First-offense range: First-offense DUI is typically a misdemeanor Class B with fines, possible jail, license suspension, assessment, and ignition-interlock requirements.
- Felony threshold: A third DUI within 10 years can be a felony; DUI with serious injury/death can also be a felony.
- Ignition interlock: Ignition interlock is commonly required for driving privileges after DUI.
- Primary authority: Utah Code § 41-6a-502.
Worked example under Utah law
The illustration below uses only rules already stated for Utah. It is a research hypothetical, not a prediction of what a court will do.
A driver in Utah is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.05% per se for adults (Utah’s lowered limit); 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense DUI is typically a misdemeanor Class B with fines, possible jail, license suspension, assessment, and ignition-interlock requirements.
- Ask when the charge becomes a felony: A third DUI within 10 years can be a felony; DUI with serious injury/death can also be a felony. Lookback: Prior DUI convictions within 10 years enhance; a felony DUI lookback can use longer windows for habitual tracks.
- Interlock: Ignition interlock is commonly required for driving privileges after DUI.
Utah DUI under § 41-6a-502 proceeds in justice or district court with parallel Driver License Division actions. Utah’s adult per se BAC limit is 0.05%, lower than the 0.08% standard used in most states. Defense reviews the stop and breath/blood foundations.
Blood alcohol limits in Utah
0.05% per se for adults (Utah’s lowered limit); 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback window for prior offenses
Prior DUI convictions within 10 years enhance; a felony DUI lookback can use longer windows for habitual tracks.
First-offense penalties
First-offense DUI is typically a misdemeanor Class B with fines, possible jail, license suspension, assessment, and ignition-interlock requirements.
When a Utah DUI becomes a felony
A third DUI within 10 years can be a felony; DUI with serious injury/death can also be a felony.
Ignition interlock and license consequences
Ignition interlock is commonly required for driving privileges after DUI.
How a typical Utah DUI case unfolds
Utah DUI under § 41-6a-502 proceeds in justice or district court with parallel Driver License Division actions. Utah’s adult per se BAC limit is 0.05%, lower than the 0.08% standard used in most states. Defense reviews the stop and breath/blood foundations.
Related Utah guides
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Case law: DUI penalties in Utah
John A. BECK, Plaintiff and Appellant, v. Tony COX, Director, Driver License Division of the State of Utah
…rant the revocation of the license of a person arrested for driving under the influence of alcohol or a drug. The legislature has provided for the revocation of a driver’s license of a person who refuses to take a blood alcohol test at the request of a police officer. Section 41-6-44.10(a) provides that a person who operates a motor vehicle in this state is “deemed to have give…
Practitioners open John A. BECK, Plaintiff and Appellant, v. Tony COX, Director, Driver License Division of the State of Utah when Utah DUI penalties turns on the distinction in this sentence: "The legislature has provided for the revocation of a driver’s license of a person who refuses to take a blood alcohol test at the request of a police officer. Section 41-6-44." Do not lift it out of the facts the court was deciding.
The STATE of Utah, Plaintiff and Respondent, v. Lonnie Ferris LAWSON, Defendant and Appellant
…ppellant appeals a jury conviction of criminal homicide and driving under the influence of alcohol causing bodily injury. Appellant asserts the following errors at trial: (1) certain instructions to the jury read together confused the jury and otherwise prejudiced the rights of appellant; (2) the results of the blood alcohol test performed upon appellant were improperly receive…
On DUI penalties, The STATE of Utah, Plaintiff and Respondent, v. Lonnie Ferris LAWSON, Defendant and Appellant speaks to the Utah dispute in this passage: "ppellant appeals a jury conviction of criminal homicide and driving under the influence of alcohol causing bodily injury. Appellant asserts the following errors at trial: (1) certain instructions to the jury read together confused the jury and otherwise prejudiced the rights of a" The surrounding opinion shows how the court applied that language to the record.
STATE of Utah, Plaintiff and Respondent, v. Leslie G. KNOEFLER, Defendant and Appellant
WILKINS, Justice: Defendant appeals from a conviction of driving under the influence of intoxicants and inflicting bodily injury on another in violation of Utah Code Ann., Sec. 41-6-44(b) and (d), (1953). The facts reveal that defendant and two other individuals, Stevens and Lund, were injured when an automobile in which they were riding overturned near Circleville, Utah, at…
STATE of Utah, Plaintiff and Respondent, v. Leslie G. KNOEFLER, Defendant and Appellant is worth reading on Utah DUI penalties because the court put the point in its own words: "WILKINS, Justice: Defendant appeals from a conviction of driving under the influence of intoxicants and inflicting bodily injury on another in violation of Utah Code Ann., Sec. 41-6-44(b) and (d), (1953)." Use that passage as the starting point, then read the facts that precede it.
Tallie Lee CAVANESS, Plaintiff and Appellant, v. S. Tony COX, Director, Drivers License Division, Department of
…. He was placed under arrest for exhibition driving and for driving under the influence of alcohol. He was then requested to take a breathalyzer test which he refused. The implied consent law was read to him and another request was made to submit to the test which was refused. He was then taken to the jail where he was again requested to submit to the test at which time he refu…
Practitioners open Tallie Lee CAVANESS, Plaintiff and Appellant, v. S. Tony COX, Director, Drivers License Division, Department of when Utah DUI penalties turns on the distinction in this sentence: "He was placed under arrest for exhibition driving and for driving under the influence of alcohol. He was then requested to take a breathalyzer test which he refused. The implied consent law was read to him and another request was made to submit to the test which was refused." Do not lift it out of the facts the court was deciding.
SALT LAKE CITY, a Municipal Corporation, Plaintiff and Respondent, v. Susan WOMACK, Defendant and Appellant
…, Susan Womack, was convicted in the Fifth Circuit Court of driving under the influence of alcohol, and her conviction was sustained by the district court. We affirm the district court. On January 8, 1982, Womack was stopped by a Salt Lake City police officer for a routine traffic violation. When she rolled down the window of her car to speak with the officer, he detected an od…
Practitioners open SALT LAKE CITY, a Municipal Corporation, Plaintiff and Respondent, v. Susan WOMACK, Defendant and Appellant when Utah DUI penalties turns on the distinction in this sentence: "Susan Womack, was convicted in the Fifth Circuit Court of driving under the influence of alcohol, and her conviction was sustained by the district court. We affirm the district court." Do not lift it out of the facts the court was deciding.
The STATE of Utah, Plaintiff and Respondent, v. James W. BRADLEY, Defendant and Appellant
MAUGHAN, Justice: Before us is a defendant convicted of driving under the influence of alcohol in violation of 41-6-44, U.C.A.1958, in this case a lesser-included offense to a charge of criminal homicide. Affirmed. All statutory references are to U.C.A.1953. On appeal, defendant contends the state failed to relate the results of a chemical breath analysis (administered to h…
Utah opinions such as The STATE of Utah, Plaintiff and Respondent, v. James W. BRADLEY, Defendant and Appellant are cited where DUI penalties is disputed. The court stated: "MAUGHAN, Justice: Before us is a defendant convicted of driving under the influence of alcohol in violation of 41-6-44, U.C.A.1958, in this case a lesser-included offense to a charge of criminal homicide. Affirmed. All statutory references are to U.C.A.1953." That is the language to brief; the rest of the decision supplies the procedural posture.
Lynno Matt HARRY, Plaintiff and Appellant, v. Fred C. SCHWENDIMAN, Driver License Services, State of Utah
…nd remand. On September 8, 1983, appellant was arrested for driving under the influence of alcohol pursuant to Utah Code Ann. § 41-6-44 (1983). The arresting officer took appellant’s license and issued him a 30-day temporary license. At appellant’s request and pursuant to Utah Code Ann. § 41-2-19.6 (1983), the Department of Public Safety (Department) held a hearing. The hearing…
On DUI penalties, Lynno Matt HARRY, Plaintiff and Appellant, v. Fred C. SCHWENDIMAN, Driver License Services, State of Utah speaks to the Utah dispute in this passage: "On September 8, 1983, appellant was arrested for driving under the influence of alcohol pursuant to Utah Code Ann. § 41-6-44 (1983). The arresting officer took appellant’s license and issued him a 30-day temporary license. At appellant’s request and pursuant to Utah Code Ann." The surrounding opinion shows how the court applied that language to the record.
Frequently asked questions
What is the legal BAC limit in Utah?
0.05% per se for adults (Utah’s lowered limit); 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in Utah?
A third DUI within 10 years can be a felony; DUI with serious injury/death can also be a felony.
Will I need an ignition interlock device?
Ignition interlock is commonly required for driving privileges after DUI.
This guide covers Utah impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.