Penalties Under Utah DUI Laws

Statistics are grim. Research shows that in 2002, almost 12% of all fatal highway accidents involved drivers impaired by either drugs or alcohol. In the same year, more than 8,000 drivers were arrested for driving while under the influence of either alcohol or drugs. So it is not surprising that authorities in Utah would tighten their DUI laws.

What is a DUI Charge?

DUI stands for “driving under the influence” (of alcohol and/or other drugs), and a DUI charge has almost the same connotations as a DWI (or driving while intoxicated) charge.  A person is convicted of a DUI offense if proven guilty of operating a vehicle while intoxicated and, thus, impaired by alcohol, banned drugs, or certain types of prescribed medications. The vehicle in question may be cars, bikes, trucks, boats, aircrafts, jet-skis, or farm machinery, like a tractor.

Utah BAC Law

As per DUI laws in Utah (see http://le.utah.gov/~code/TITLE41/41_06a.htm), drunk driving can invite two charges: driving while under the influence of alcohol and driving while over the maximum permissible blood alcohol concentration (BAC) limit of 0.08%.  This means that in Utah, you can be booked by law if it is proved that you were driving under the influence of alcohol or drugs, even if chemical tests show your BAC level to be below 0.08%.

Utah Implied Consent Rule

Utah DUI laws also encompass the implied consent rule. According to this rule, all drivers in Utah have agreed to undergo a blood or breath test to determine the amount of alcohol in their system if they are requested to do so by a peace officer, during the course of a DUI investigation. Refusing to do so will result in the driver’s license being suspended for any amount of time, ranging from 90 days to a year, and having an ignition interlock device installed in their vehicle for up to three years. 

Utah Underage DUI Laws

As per Utah DUI laws, persons below the age of 21 cannot drive vehicles if they have any measurable amount of alcohol in their blood. If found guilty of such a crime, the underage driver has to serve the same sentence as an adult but in a juvenile correction institution.

Since May 2005, an update to the existing Utah DUI law requires drivers to be convicted of a DUI offense if found to be operating a vehicle with some measurable amount of alcohol in their bodies whilst their driver's licenses have been suspended, revoked, or denied due to a previous DUI offense, refusing to undergo an alcohol test, evading the police, automobile homicide, or driving accompanied by a minor. Convicted by this new law, the license suspension period of the driver is liable to be extended for another year.

Utah DUI Penalties

In Utah, DUI laws decree different penalties and punishments for DUI charges based on whether it is a repeat offense or not.

A first DUI conviction is considered to be a Class B misdemeanor, punishable by a prison term of 48 hours or an equivalent time of community service, a fine of $700, and the suspension of the driver’s license for a period of 120 days. The convicted driver will have to take part in an alcohol screening, evaluation, and treatment program and complete an alcohol and substance abuse education course. The court may also order the driver to be put under house arrest, using electronic monitoring, if the person has been found to be driving with BAC levels more than .16%. The maximum punishment for a first time DUI conviction in Utah is a six months prison sentence and a fine of $1000.

A second time Utah DUI offense is considered to be a Class B misdemeanor, and the offender is ordered the following penalties and punishments: a jail term of 240 hours or an equivalent period of community service, a fine of at least $800, and the suspension of their driver’s license for a minimum of two years. If the driver is proved to have been driving when his/her BAC levels were higher than .16%, the court may also decide to place the convicted driver under house arrest and have his movements electronically monitored.

If the DUI offense has been committed within ten years of being charged with the previous offense, an ignition interlock device is fitted into the person’s vehicle for a period of three years. This device requires a check of your breath for alcohol content before starting the ignition. The installation, rental, and maintenance charges of the device have to be borne by the convicted driver.

Additionally, a second time DUI offender in Utah will have to participate in an alcohol or drug screening and evaluation program, a substance abuse education course, and a treatment program, if deemed necessary.

It is worth noting in this context that as per Utah DUI laws, a first and second conviction will be considered Class A misdemeanors if the crime has resulted in an injury to another person or if the convicted driver was accompanied in the vehicle by a person aged less than 16 years. In such instances, the punishment is a jail term of a year and a fine of $2500.

According to Utah DUI laws, a third offense, if committed within ten years of the previous two convictions, is classified as third degree felony. The following are the penalties and punishments that such a charge carries: a minimum of 1500 hours in prison, suspension of their driver’s license for two years, and an imposition of a fine amounting to a minimum of $1500. The maximum punishment for this crime is five years in prison and a fine of $5000. House arrest and installation of an ignition interlock device in the vehicle are some additional punishments if the convicted driver had BAC levels of more than .16% at the time of the offense. A third time DUI conviction in Utah may also carry these punishments.

If deemed necessary by the court, the convicted driver is placed under supervised probation for some period of time, participation in an alcohol or drug screening and evaluation program, and completion of a substance abuse education course.

Utah DUI laws also consider it illegal to carry an open container of alcohol in the passenger seating area of the vehicle. This is deemed to be a Class C misdemeanor, and it is punishable by a jail term of 90 days and a fine of $750.

Drunken driving kills, injures, or permanently cripples thousands in Utah every year. Strict DUI laws are the only ways to curb this menace.