Utah

utahUtah DUI Laws

Utah has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.

Administrative License Revocation (ALR) Procedures
Utah Department of Public Safety, Driver License Division (DLD)
Utah is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device, and alcohol and drug rehabilitation.

You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically remain suspended on the 11th day for 4 months. After the suspension period, you will have a restricted license allowing you to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court approved locations and emergencies. Utah allows you to install an interlock device in lieu of suspension after 30 days.

Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures
In Utah, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even if a first offense.

License Revocation, Fines and Jail

  • First Offense – Misdemeanor: minimum $700 fine plus surcharge, not less than 48 consecutive hours in jail OR 48 hours compensatory service work program OR electronically monitored house arrest, 120 days license suspension, drug and/or alcohol assessment and screening and possible education or treatment as required,and will become alcohol restricted driver for 2 years (driving with any measurable amount of alcohol in the system will be an offense). Possible ignition interlock restriction required as a condition of probation for a time period determined by the courts (3 years if under 21 years old).
  • Second Offense – Misdemeanor: minimum $800 fine plus surcharge, minimum 240 hours in jail OR 240 hours compensatory service work program OR electronically monitored house arrest, 2 years license revocation, drug and/or alcohol assessment and screening and possible education or treatment as required,and will become alcohol restricted driver for 10 years (driving with any measurable amount of alcohol in the system will be an offense). Ignition interlock restriction required as a condition of probation for a time period determined by the courts (3 years if under 21 years old).
  • Third and Subsequent OffenseFelony: minimum $1,500 fine plus surcharge, up to 5 years in jail, 2 years license revocation, ignition interlock restriction required as a condition of probation for a time period determined by the courts (3 years if under 21 years old), drug and/or alcohol assessment and screening, mandatory 240 hours inpatient treatment and aftercare, and will become alcohol restricted driver for 10 years (driving with any measurable amount of alcohol in the system will be an offense).

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