Utah DUI Laws: 0.05% BAC Limit & Penalties (2026)

In Utah the offense is called driving under the influence (DUI), and Utah is the only state in the nation with a per se limit of 0.05 percent blood alcohol concentration (BAC) rather than 0.08 percent. Under Utah Code 41-6a-502, it is unlawful to drive with a BAC of 0.05 percent or more, and a first DUI is a Class B misdemeanor carrying mandatory jail or community service, a fine of roughly $1,400 with surcharges, and a 120-day license suspension.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Utah

Utah's core DUI statute, Utah Code 41-6a-502, makes it unlawful to drive or be in actual physical control of a vehicle in two ways: with a BAC of 0.05 percent or more, or while under the influence of alcohol, drugs, or any combination to a degree that renders the person incapable of safely operating the vehicle. The 0.05 percent figure is what makes Utah unique. Every other state sets the per se limit at 0.08 percent, the federal benchmark described by the National Highway Traffic Safety Administration, but Utah lowered its limit to 0.05 percent effective December 30, 2018, becoming the first and still the only state to do so. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under the not-a-drop law in Utah Code 53-3-231, which bars operating with any measurable or detectable amount of alcohol. Because the impairment prong has no number, a driver can be charged below 0.05 if alcohol or drugs made safe driving impossible.

First-offense DUI penalties in Utah (jail, fines, suspension)

A first DUI is a Class B misdemeanor under Utah Code 41-6a-503, rising to a Class A misdemeanor if there was bodily injury, a passenger under 16, or certain aggravating facts. Under Utah Code 41-6a-505, the court must order at least two days in jail or 48 hours of compensatory (community) service, plus a minimum $700 fine that, with the mandatory $630 surcharge and court security fee, totals roughly $1,383 to $1,390 before other costs. The court must also order an alcohol screening and assessment and an educational series or treatment. Separately, the Driver License Division imposes a 120-day license suspension on a driver 21 or older under Utah Code 41-6a-509. The court may order supervised probation and an ignition interlock. The minimums climb sharply when the BAC is 0.16 percent or higher.

Watch out: Utah's 0.05 percent limit means a smaller amount of alcohol can put a driver over the legal threshold than in any other state. The exact number depends on body weight, time, and other factors, but the practical effect is that even a moderate amount of drinking can cross the per se line.

Ignition interlock requirements in Utah

Utah treats the ignition interlock as a near-default condition of a DUI. Under Utah Code 41-6a-518, the court must order an interlock as a condition of probation unless it determines and states on the record that the device is not necessary for community safety and the interest of justice, and an interlock is required if the driver is under 21. Beyond probation, Utah Code 41-6a-518.2 makes a person an interlock-restricted driver, meaning they may not operate a vehicle without a working device. For a first DUI involving alcohol by a driver 21 or older, that interlock restriction runs 18 months, and it extends to three years or six years for repeat and felony cases. The device requires a breath sample before the engine starts and at random intervals during a trip, and it logs every reading for the court and the Driver License Division.

License suspension and the administrative process in Utah

A Utah DUI affects the license on two tracks. The Driver License Division imposes an administrative suspension based on the arrest under Utah Code 53-3-223, the per se arrest provision, which sets a 120-day suspension for a driver 21 or older on a first offense (six months if under 21). Separately, a DUI conviction under Utah Code 41-6a-509 carries its own 120-day suspension for a first offense by a driver 21 or older, rising to two years for a second offense within 10 years. A driver who wants to contest the administrative suspension must request a hearing with the Driver License Division within the short window stated on the citation. Reinstatement requires serving the suspension, completing screening and any treatment, installing an interlock if required, and paying reinstatement fees. A first offender 21 or older may qualify for early reinstatement through the 24/7 sobriety program, unless they refused testing.

Repeat offenses and the Utah look-back period

Utah counts prior DUIs within a 10-year look-back window, and penalties escalate quickly. A second DUI within 10 years remains a Class B (or Class A) misdemeanor under Utah Code 41-6a-503 but carries a higher mandatory minimum, at least 10 days in jail or a jail-plus-home-confinement combination, a higher fine, supervised probation, and a two-year license suspension. The felony threshold is the third offense: a third or subsequent DUI within 10 years is a third-degree felony, punishable by a prison term of up to five years or a substantial jail-and-home-confinement term, a minimum fine of about $2,850 with surcharges, and continued license and interlock sanctions. A DUI is also a third-degree felony if it causes serious bodily injury or if the driver has any prior felony DUI or automobile homicide conviction, regardless of the 10-year window.

Watch out: Refusing the chemical test triggers an 18-month license revocation, longer than the 120-day suspension for the DUI itself, and it can make the driver an interlock-restricted driver and an alcohol-restricted driver. Refusing rarely helps and usually makes the license consequences worse.

Refusing a breath or blood test in Utah

Utah's implied consent law, in Utah Code 41-6a-520, provides that by driving in the state you have consented to a chemical test of blood, breath, urine, or oral fluids if an officer has reasonable grounds to believe you were driving under the influence. Refusing the test results in an 18-month license revocation for a driver 21 or older on a first refusal under Utah Code 53-3-223 and the related driver-license provisions, and 36 months for a second refusal within 10 years. A first refusal also makes the person an interlock-restricted driver and triggers a multi-year alcohol-restricted-driver status. Because the refusal revocation is far longer than the 120-day administrative suspension for a first DUI, refusing usually increases the time off the road. Officers may also seek a warrant to draw blood, particularly in crashes involving injury.

Can you expunge or seal a DUI in Utah

Utah allows expungement of some DUI convictions, but only after a long wait. Under the expungement statute in Utah Code 77-40a-303, a misdemeanor DUI conviction is subject to a 10-year waiting period from the date the sentence is completed, which is longer than the waiting period for most other misdemeanors, before a person may petition for an expungement certificate. The petitioner must have completed all sentence terms, paid all fines and restitution, and met the eligibility criteria, and the conviction must qualify under the statute's limits on how many offenses can be expunged. Felony DUIs and DUI offenses that caused injury are generally not eligible. Because a DUI counts as a prior for the 10-year look-back, the conviction continues to matter for enhancement during that period, and expungement is discretionary rather than automatic.

What to do after a DUI arrest in Utah

A Utah DUI generates two matters at once: a criminal case in district or justice court and an administrative license case at the Driver License Division. The deadlines are short, so a common first step is to request a Driver License Division hearing within the brief window stated on the citation, because missing it generally forfeits the chance to contest the administrative per se suspension. The criminal case proceeds on its own schedule from arraignment through pretrial and resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Many people consult a licensed Utah DUI attorney to understand the 0.05 percent charge, the interlock and suspension consequences, and the options for both the criminal case and the license case. Keep the citation, any test results, and all court and Driver License Division notices in a safe place.