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-502(2), rising to a Class A misdemeanor if the driver had a passenger younger than 16, was 21 or older with a passenger younger than 18, drove the wrong way on a divided highway, freeway ramp, or multi-lane one-way road in the same incident, or has one prior DUI conviction within 10 years. Bodily injury is not an aggravator in the DUI statute itself: a crash that injures someone is charged as the separate offense of negligently operating a vehicle resulting in injury under Utah Code 76-5-102.1. 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, and a driver revoked for a first refusal may also seek reinstatement through that program after serving at least 90 days of the revocation, with an ignition interlock, under Utah Code 41-6a-521(9).

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 is a Class A misdemeanor under Utah Code 41-6a-502(2)(b) and 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 the current conviction comes at any time after a prior felony DUI-related conviction, regardless of the 10-year window. A crash that injures someone is not charged under the DUI statute at all: it is the separate offense of negligently operating a vehicle resulting in injury under Utah Code 76-5-102.1, a Class A misdemeanor that rises to a third-degree felony when the bodily injury is serious bodily injury, and it requires proof of negligent operation rather than injury alone.

Watch out: Refusing the chemical test does not avoid a license sanction, and it costs far more than a failed test. Utah Code 41-6a-521 revokes a driver 21 or older for 18 months on a first refusal and 36 months if a listed DUI sanction or conviction occurred within the previous 10 years, while a failed test carries a 120-day first-offense suspension. Refusing rarely helps and usually makes the license consequences much 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 leads to a revocation under Utah Code 41-6a-521, which is a separate and longer sanction than the administrative suspension that follows a failed test: 18 months for a driver 21 or older on a first refusal, and 36 months if a listed DUI sanction or conviction occurred within the previous 10 years. A driver under 21 is revoked until age 21 or for two years, whichever is longer. After serving at least 90 days of a first-refusal revocation, a driver may petition to become an interlock-restricted driver, a status that then runs two years. 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. Your own facts drive both matters, so ask a Utah DUI lawyer for a free consultation on the Driver License Division hearing and the criminal case (attorney advertising). Keep the citation, any test results, and all court and Driver License Division notices in a safe place.

More Utah Laws

• Utah Expungement Laws
• Utah Warrant Search

Frequently Asked Questions

What is the BAC limit in Utah?

Utah's per se limit is 0.05 percent BAC under Utah Code 41-6a-502, the lowest in the nation and the only state below 0.08 percent. Commercial drivers are limited to 0.04 percent, and drivers under 21 may have no detectable alcohol under the not-a-drop law in Utah Code 53-3-231.

Why is Utah's BAC limit 0.05 instead of 0.08?

Utah lowered its per se BAC limit from 0.08 to 0.05 percent effective December 30, 2018, becoming the first and still the only state to adopt 0.05. The change is codified in Utah Code 41-6a-502 and was aimed at reducing impaired-driving crashes.

How long do you lose your license for a first DUI in Utah?

A first DUI carries a 120-day license suspension for a driver 21 or older, both as an administrative per se suspension under Utah Code 53-3-223 and as a conviction-based suspension under Utah Code 41-6a-509. The period is longer for drivers under 21.

Is a first DUI a felony in Utah?

No. A first DUI is a Class B misdemeanor, or a Class A misdemeanor with aggravating facts such as a passenger younger than 16 or one prior conviction within 10 years. Under Utah Code 41-6a-502(2), a DUI becomes a third-degree felony on the third offense within 10 years or after a prior felony DUI-related conviction. A DUI crash that injures someone is charged separately under Utah Code 76-5-102.1, which is a Class A misdemeanor and a third-degree felony if the injury is serious bodily injury.

Do you need an interlock for a first DUI in Utah?

Usually yes. A court must order an ignition interlock as a condition of probation unless it states on the record that the device is unnecessary, and a first DUI involving alcohol generally makes the driver an interlock-restricted driver for 18 months under Utah Code 41-6a-518.2.

What happens if you refuse a breathalyzer in Utah?

Refusing costs more than failing. Under Utah Code 41-6a-521, a driver 21 or older is revoked for 18 months on a first refusal and 36 months if a listed DUI sanction or conviction occurred within the previous 10 years, while a failed test carries a 120-day first-offense suspension under Utah Code 53-3-223. A driver under 21 is revoked until age 21 or for two years, whichever is longer.

How long does a DUI stay on your record in Utah?

A DUI counts as a prior for 10 years under the look-back period, and the conviction does not expire on its own. A misdemeanor DUI may be expunged only after a 10-year waiting period under Utah Code 77-40a-303, and felony DUIs are generally not eligible.

What is the look-back period for DUI in Utah?

Utah uses a 10-year look-back period. Prior DUI convictions within 10 years count toward second-offense enhancement and toward the third-offense felony threshold under Utah Code 41-6a-502(2).