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UTAH DUI STATUTORY OVERVIEW1(Current as of May 4, 2021)MISDEMEANOR DUICourt-OrderedSentencingFIRST CONVICTIONSECOND CONVICTIONWITHIN 10 YEARS BAC .16 or higher BAC .05 or higher anyCLASSIFICATION(§41-6a-503) BAC .16 or higher BAC .05 or higher any measurableCLASS B MISDEMEANORCLASS B MISDEMEANORCLASS B MISDEMEANOR CLASS ACLASS A MISDEMEANOR:CLASS A MISDEMEANOR:CLASS A MISDEMEANOR:MISDEMEANOR: if bodily injury3 if passenger is under 164 if passenger is under18 and driver is 21 orolder if driving in thewrong direction on afreeway orcontrolled-accesshighwaySHALL order not less than: 5 days OR 2 days AND 30 daysconsecutive electronichome confinement4 thatincludes substance abusetestingMAY:Suspend jail time if individualis participating in 24/7sobriety program.6 if bodily injury3 if passenger under 164 if passenger is under18 and driver is 21 orolder if driving in the wrongdirection on a freeway orcontrolled- access highway if bodily injury3 if passenger is under 164 if passenger is under 18 and driver is 21or older if driving in the wrong direction on afreeway or controlled-access highwaySHALL order not less than: 10 days OR 5 days AND 30 dayselectronichome confinement4 thatincludes substance abusetestingMAY:Suspend jail time if individual isparticipating in 24/7 sobrietyprogram AND serves: 5 days jail for a second offenseor10 days 6jail for third/subsequentoffense.SHALL order: 800 minimum fine plus a 720 surcharge plus a 60 court security fee (justicecourt) or 53 (district court)SHALL order: Not less than 20 days jail OR 10 days jail AND 60 consecutivedayselectronic home confinement4 that includessubstance abuse testing OR Not less than 10 days jail AND substanceabuse tx (if tx is more likely to reducerecidivism and is in interest of public safety)MAY:Suspend jail time if individual is participating in24/7 sobriety program AND serves: 5 days jail for a second offense; or 10 days jail for third/subsequent offense.6SHALL order: Screening Assessment (if foundappropriate byscreening) Educational series,unless treatment isorderedSHALL order: Screening Assessment (if found appropriate byscreening) Educational series, unless treatment isordered3 if bodily injury if passenger is under 164 if passenger is under18 and driver is 21 orolder if driving in the wrongdirection on a freewayor controlled-accesshighwayJail(§41-6a-505)SHALL order:2 days OR 48 hourscompensatory serviceMAY:Suspend jail time ifindividual isparticipating in 24/7sobriety program.6Fine, Surcharge,and CourtSecurity Fee(§41-6a-505)(§51-9-401)SHALL order: 700 minimum fine plus a 630 surcharge plus a 60 court security fee(justice court) or 53(district court)SHALL order: Screening Assessment (if foundappropriate byscreening) Educational series,unless treatment isorderedScreening,Assessment,Educational Series,and Treatment(§41-6a-505)SECOND CONVICTIONWITHIN 10 YEARSmeasurable controlledsubstance Combination of two ormore controlledsubstancesCLASS B MISDEMEANORFIRST CONVICTIONSHALL order: 700 minimum fine plus a 630 surcharge plus a 60 court security fee(justice court) or 53(district court)SHALL order: Screening Assessment (if foundappropriate byscreening) Educational series,unless treatment isorderedcontrolled substance Combination of two or more controlledsubstances2SHALL order: 800 minimum fine plus a 720 surcharge plus a 60 court security fee (justice court) or 53(district court)
1-6a-505)Driver LicenseSuspension(§41-6a-509)Impaired Driving(§41-6a-502.5)1MAY order: Treatment 24-7 sobriety programMAY order supervisedprobationMAY order: Treatment 24-7 sobriety programSHALL order supervisedprobationMAY order: Treatment 24-7 sobriety programSHALL order supervisedprobationSHALL order unless:SHALL order unless:SHALL order unless: The court determines and The court determines and The court determines andstates on the record thatstates on the record thatstates on the record that anan ignition interlockan ignition interlockignition interlock system is notsystem is not necessarysystem is not necessarynecessary for the safety of thefor the safety of thefor the safety of thecommunity and in the bestcommunity and in the bestcommunity and in the bestinterest of justice.interest of justice.interest of justice.SHALL order:SHALL order:SHALL order: Interlock if under 219 Interlock if under 21 Interlock if under 21Interlock for an ARD violation OR99Interlock for an ARDInterlock for an ARDdescribe on the record why suchviolation OR describe on the violation OR describe on the order not appropriate.record why such order notrecord why such order notappropriateappropriateSHALL order unlessdescribed on the record whythe order(s) not appropriate: Treatment andOne or more of thefollowing: Interlock Ankle attachedcontinuoustransdermal alcoholmonitoring device Electronic homeconfinementCourt MAY order additional Court MAY order additional Court MAY order additional 9090 days, 120 days, 18090 days, 120 days, 180days, 120 days, 180 days, onedays, one year or two years days, one year or two years year or two yearsMAY order: Treatment 24-7 sobriety programSHALL order supervised probationSHALL order unless: The court determines and states on therecord that an ignition interlock system is notnecessary for the safety of the communityand in the best interest of justice.SHALL order: Interlock if under 219Interlock for an ARD violation OR describe onthe record why such order not appropriateSHALL order unless described on the recordwhy the order(s) not appropriate: Treatment andOne or more of the following: Interlock Ankle attached continuous transdermalalcohol monitoring device Electronic home confinementCourt MAY order additional 90 days, 120 days,180 days, one year or two yearsA conviction may NOT be entered as impaired driving if: BAC .16 or higher; BAC .05 or higher any measurable controlled substance; or Combination of two or more controlled substancesThe DUI Statutory Overview was formerly called the DUI Sentencing Matrix. However, unlike the Sentencing and Release Guidelines matrices this document does not use evidence-based practices, criminal history, and the currentoffense to suggest a criminal sentence. Instead, this document is intended to give an overview of penalties required by Driving Under the Influence Offenses, Utah Code Title 41, Chapter 6a, Part 5 and therefore has beenrenamed. It is a reference and overview for ease of use and greater transparency to assist in sentencing individuals convicted or sanctioned pursuant to Utah Code Title 41, Chapter 6a, Part 5. The DUI Statutory Overview is not asubstitute for reference to the Utah State Code. It does not constitute legal advice and is not legally binding. It does not create any right or expectation on behalf of an offender or any party within the criminal justice system.2A combination of two or more controlled substances may only be considered if the substances are not (A) prescribed by a licensed physician; or (B) recommended in accordance with Title 26, Chapter 61a, Utah MedicalCannabis Act.3A person is guilty of a separate offense for each victim suffering bodily injury, serious bodily injury or death, whether or not the injuries arise from the same episode of driving.4A person in guilty of a separate offense for each passenger in the vehicle at the time of the offense that is under 16 years old.5See §41-6a-506 for electronic home confinement provisions.6If an individual fails to successfully complete all the requirements of the 24/7 sobriety program, the court shall impose the suspended jail sentence or prison sentence.7Supervised probation is also required for all violations of §41-6a-517(14)(a) (driving with any measurable controlled substance or metabolite in the body).8Adoption of the ignition interlock restricted driver (IRD) provision (§41-6a-518.2) does not change the obligation of judges to impose interlock as a condition of probation. Note: If a person’s violation of Section 41-6a-502 does notinvolve alcohol, the requirement to order ignition interlock does not apply.9ARD Alcohol Restricted Driver.
UTAH DUI STATUTORY OVERVIEW1Court-Ordered 505)Fine, Surcharge, and Court Security Fee(§41-6a-505)(§51-9-401)Screening, Assessment, Educational Series, andTreatment(§41-6a-505)(Current as of May 4, 2021)FELONY DUITHIRD DEGREE FELONY if third or subsequent 2offense within 10 years if serious bodily injury if any prior felony DUI conviction or automobilehomicide1 convictionSHALL order:0-5 year prison term OR 60 days jail AND 60 days consecutive electronic homeconfinement that includes substance abusetestingSHALL order: 1,500 minimum fine plus a 1,350 surcharge plus a 53 court security fee,UNLESS a 0-5 prison term is imposedSHALL order: Screening Assessment Treatment as appropriateUNLESS 0-5 prison term is imposedMAY order: 24-7 sobriety program4THIRD DEGREE FELONY PLUS: BAC .16 or higher BAC .05 or higher any measurable controlledsubstance Combination of two or more substances3SHALL order0-5 year prison term OR Not less than 120 days jail AND 120 days consecutive electronic home confinementthat includes substance abuse testingSHALL order: 1,500 minimum fine plus a 1,350 surcharge plus a 53 court securityUNLESS a 0-5 prison term is imposedSHALL order: Screening Assessment Treatment as appropriateUNLESS 0-5 prison term is imposedMAY order: 24-7 sobriety program4Supervised Probation5(§41-6a-507)SHALL order supervised probation if 0-5 prison termis not imposedSHALL order supervised probation if 0-5 prisonterm is not imposedIgnition Interlock6(§41-6a-518)(§41-6a-530)SHALL order unless: The court determines and states on the record thatan ignition interlock system is not necessary for thesafety of the community and in the best interest ofjustice.SHALL order unless: The court determines and states on the record thatan ignition interlock system is not necessary for thesafety of the community and in the best interest ofjustice.Driver License Suspension(§41-6a-509) Court MAY order additional 90 days, 120 days,180 days, one year or two yearsCourt MAY order additional 90 days, 120 days, 180days, one year or two years1The DUI Statutory is intended to give an overview of penalties required by Driving Under the Influence Offenses, Utah Code Title 41, Chapter 6a, Part 5. It is a reference and overview for ease of use and greater transparency toassist in sentencing individuals convicted or sanctioned pursuant to Utah Code Title 41, Chapter 6a, Part 5. The DUI Statutory Overview is not a substitute for reference to the Utah State Code. It does not constitute legal advice andis not legally binding. It does not create any right or expectation on behalf of an offender or any party within the criminal justice system.2A person is guilty of a separate offense for each victim suffering bodily injury, serious bodily injury or death, whether or not the injuries arise from the same episode of driving.3A combination of two or more controlled substances may only be considered if the substances are not (A) prescribed by a licensed physician; or (B) recommended in accordance with Title 26, Chapter 61a, Utah MedicalCannabis Act.
The following statutory provisions also apply to DUI offenders, although they do not require a court order. Failure to comply carries additional criminal1sanctions.Statutory ProvisionsFIRST OFFENSEDriver License Denial, Suspension, or RevocationDriving Under the Influence/ DUIIf 21 or older: 120 daysConvictionIf 19-20: Longer of one year or until 21st(§41-6a-509)birthdayIf under 19: Until 21st birthdayIf 21 or older: 120 daysDriving with Controlled Substance/If 19-20: Longer of one year or until 21stMetabolite in Body Convictionbirthday(§41-6a-517)If under 19: Until 21st birthdayRefusal of Chemical TestIf 21 or older: 18 months(§41-6a-521)If under 21: Longer of 2 years or until 21stbirthdayIf 21 or older: 120 daysPer se ArrestIf under 21: 6 months(§53-3-223)SECOND OR SUBSEQUENT OFFENSES WITHIN 10 YEARSIf 21 or older: 2 yearsIf 19-20: Longer of 2 years or until 21st birthdayIf under 19: Until 21st birthdayIf 21 or older: 2 yearsIf 19-20: Longer of two years or until 21st birthdayIf under 19: Until 21st birthdayIf 21 or older: 36 monthsIf under 21: Longer of 36 months or until 21st birthdayIf 21 or older: 2 yearsIf under 21: Longer of 2 years of until 21st birthday .05 BAC, impaired to degree unsafe to drive, operating withmetabolite of drug in systemNot A Drop(§53-3-231)A person under 21 may not operate a vehicle or motorboat withdetectable alcohol in bodyFailure to Install or Removal of IgnitionInterlock Device(§53-3-1007)If under 21: Until successful completion ofsubstance abuse program recommendation,but not less than 6 monthsIf under 21: Until successful completion of substance abuse programrecommendation, and the longer of 2 years or until 21st birthdayA person who is an interlock restricted driver (IRD) shall have their driving privilege suspended until they have had an,interlock device installed in their vehicle. If the interlock device is removed prior to the ending date of the interlockrestriction period, the driver license shall be re-suspended until an interlock device is re-installed. This suspension may beimposed in addition to other license sanctions as listed above.Early License Reinstatement for Drivers Under 21Driving Under the Influence/DUICourt may order shortening of the suspension period after 6 months if the person completes a screening; completes anConviction First Convictionassessment if appropriate; completes an education series or substance abuse treatment, as deemed appropriate by the(§41-6a-509)court; has not been convicted of a violation of a motor vehicle law during the suspension period; has complied with allterms of probation or all court orders if not ordered to probation; and provides a sworn statement to the court that theperson has not unlawfully consumed alcohol during the suspension period.Same as above but sworn statement must include the person has not consumed a controlled substance not prescribed byDriving with Controlled Substance/a practitioner during the suspension period.Metabolite in Body ConvictionFirst Conviction(§41-6a-517)Early License Reinstatement for Drivers 21 or OlderDriving Under the Influence/DUICourt may order individual to participate in a 24/7 sobriety program, which allows for early reinstatement of the drivingConviction First Convictionprivilege upon payment of driver license reinstatement fees and ignition interlock installation. Provision does not apply if(§41-6a-509)the person refused to submit to a chemical test when arrested for DUI. Person is not able to reinstate their drivingprivilege unless all other outstanding license sanctions have been cleared.Court may order individual to participate in a 24/7 sobriety program, which allows for early reinstatement of the drivingDriving with Controlled Substance/privilege upon payment of driver license reinstatement fees. Provision does not apply if the person refused to submit to aMetabolite in Body Convictionchemical test when arrested for DUI. Person is not able to reinstate their driving privilege unless all other outstandingFirst Convictionlicense sanctions have been cleared.(§41-6a-517)
Other SanctionsIRD – Interlock Restricted Driver(§41-6a-518.2)An “interlock restricted driver” may not operate a motor vehiclewithout an ignition interlock.Note: If a person’s violation of Section 41-6a- 502 does not involve alcohol, or if alloffenses are for metabolite convictions under Section 41- 6a-517 (no alcohol involved),IRD does not apply.ARD – Alcohol Restricted Driver(§41-6a-529)An “alcohol restricted driver” may not operate or be in actualphysical control of a vehicle with any measurable or detectableamount of alcohol in the person’s body.Note: If Per se is drug only or metabolite, ARD does not apply.1 18 months IRD for 1st DUI (§41-6a-502) if over 21 or refused blood draw (§41-6a-520(7)) 3 years IRD for 1st Driving Without Ignition Interlock Device if IRD (§41-6a-518.2), Refusal to Submit to ChemicalTest (§41-6a-520), or 1st DUI (§41-6a-502) if under 21or refused blood draw if under 21 (§41-6a-520(7)) 3 years IRD for a combination of two of the following within 10 years: DUI (§41-6a-502), Refusal to Submit toChemical Test (§41-6a-521), Controlled Substance/Metabolite (§41-6a-517), Alcohol-Related Reckless (§41-6a512 – only violations prior to July 1, 2008), Impaired Driving (§41-6a-502.5), Driving with ControlledSubstance/Bodily Injury or Death (§58-37-8(2)(g)), or Automobile Homicide (§76-5-207) 6 years IRD for Felony DUI (§41-6a-502) or 2nd offense for refused blood draw (§41-6a-520(7)) 10 years IRD for Automobile Homicide (§76-5-207) 2 years ARD for 1st DUI (§41-6a-502), Alcohol/Drug-Related Reckless (§41-6a-512), or Impaired Driving (§41-6a502.5) 2 years ARD for any Per se offense (§53-3-223) 3 years ARD for any driving without an IID if an IRD (§41-6a-518.2) or driving with alcohol in body if an ARD (§416a-530) offense 5 years ARD for 1st Refusal to Submit to Test (§41-6a-521) or Class A misdemeanor DUI (§41-6a-502) 10 years ARD for 2nd offense within 10 years,DUI (§41-6a-502), Alcohol/Drug-Related Reckless (§41-6a-512), orImpaired Driving (§41-6a-502.5) 10 years ARD for 2nd offense of Refusal to Submit to Chemical Test (§41-6a-520(7)) if prior suspension for priorrefusal within 10 years (41-6a-520(7)) 10 years ARD for felony violation of refusal to submit to chemical test 41-6a-520(7)) Lifetime ARD for any Felony DUI (§41-6a-502) or Automobile Homicide (§76-5-207)The following provisions are intended to give an overview of penalties Driving Under the Influence Offenses, Utah Code Title 41, Chapter 6a, Part 5. It is a reference guide for ease of use and greater transparency to assist inunderstanding of sanctions pursuant to Utah Code Title 41, Chapter 6a, Part 5. The DUI matrix is not a substitute for reference to the Utah State Code. It does not constitute legal advice and is not legally binding. It does notcreate any right or expectation on behalf of an offender or any party within the criminal justice system.
UTAH DUI STATUTORY OVERVIEW1 (Current as of May 4, 2021) Court-Ordered Sentencing FELONY DUI CLASSIFICATION (§41-6a-503) THIRD DEGREE FELONY if third or subsequent offense within 10 years if serious bodily injury2 if any prior felony DUI conviction or automobile homicide1 conviction THIRD DEGREE FELONY PLUS: BAC .16 or higher
