DUI Penalties in Utah
Utah Imposes Strict DUI Penalties
The State of Utah takes an expansive view of drunk driving and levies harsh penalties for those who break them. The laws in Utah are so tough that you don’t have to even be behind the wheel to get arrested and charged with a DUI. The state simply considers whether you have control over a motor vehicle and are under the influence. For instance, you could be asleep in the back seat. But if you have the keys and ability to start it up, that can be enough for a police officer to make a DUI arrest and get a conviction. The key element to remember about Utah’s DUI statutes is whether or not you have “physical control” of a vehicle and are under the influence. Other important things to know are that:
- The legal blood alcohol content (BAC) limit in Utah is 0.05 percent for anyone 21 years of age or older.
- The state has a strict, zero-tolerance rule for people under 21. For those under the legal drinking age, Utah takes a “not a drop” position, meaning any measurable BAC may result in a DUI charge.
- For professional drivers, Utah enforces a 0.04 percent BAC limit while operating a commercial vehicle.
If you are convicted of DUI in Utah, the state applies what is known as a “lookback period” as a type of sentencing guideline. The court will review any DUIs that have occurred in the last 10 years as relevant to the severity of a new sentence.
We know what it takes to turn experience into results. Our attorneys understand how prosecutors think, how to challenge the evidence, and when to negotiate or take your case to trial. Every strategy is built around putting you in the strongest possible position.
But we don’t just know how to win—we have a track record that proves it. With more than 30 years of experience and thousands of clients represented, our results speak for themselves.
Proven Results. Relentless Defense.
A History of Successful Defenses
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Not Guilty State v. A - Not Guilty on Attempted Rape, Forcible Sex Abuse, Kidnapping, Assault
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Not Guilty State v. A - Not Guilty on Attempted Rape, Kidnapping & Assault
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Dismissed State v. F - Aggravated Sexual Assault, Aggravated Kidnapping Dismissed
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Dismissed State v. F - DV & Aggravated Assault Charges Dismissed
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Dismissed State v. F - Protective Order Violation Charges Dismissed
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Dismissed State v. F - Violation of Protective Order Dismissed
Chemical Test Refusal in Utah
Utah has adopted an “implied consent” philosophy with regards to DUI. That means that you have, basically, already agreed to allow law enforcement to screen you by enjoying the privilege of operating a motor vehicle on the state’s roadways. You do not have the right to legal counsel prior to taking a DUI test. Refusal to take a chemical test to determine your BAC would result in penalties automatically being imposed.
- These may include:
- Immediate license seizure by police
- Temporary license issued
- Possible suspension of your driver’s license
- Possible ignition interlock device being installed on your vehicle
- Long-term restrictions placed on your license
Should you refuse to take a chemical test, you will need to request a hearing in writing within 10 days of the arrest. At your hearing, you must convince a judge that the officer did not have reasonable authority to ask you to submit to a DUI screening or that you did in fact, comply with the officer’s request. If you do not show up or fail to convince the court of your position, following penalties could be imposed.
First Refusal
- 18-month driver’s license suspension
- Three-year ignition interlock restrictions
- Zero tolerance alcohol restriction for up to five years
Second Refusal
- 36-month license suspension
- Three-year ignition interlock restrictions and costs
- Zero tolerance alcohol restriction for up to 10 years
- SR-22 auto insurance certificate of financial responsibility
Why Choose Wasatch Defense Lawyers
Hire at Team You Can Count On
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Largest Criminal Defense Team in the History of the State
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100+ Years of Combined Criminal Defense Experience
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Fewer than 1% of its clients have been sent to prison
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Over 650 Trials Handled
our winning strategy
4 Steps to a Positive Outcome
Every case is different. At Wasatch Defense Lawyers, we thoroughly investigate the facts, examine the evidence, and identify weaknesses in the prosecution’s case. Our attorneys evaluate every available option, from challenging improper procedures and suppressing evidence to negotiating reduced charges or preparing for trial. With decades of combined experience and hundreds of trials, we approach each case strategically and aggressively. Whether pursuing dismissal, reduced charges, or a favorable trial outcome, we build a defense focused on protecting your rights, freedom, and future.
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1Laying the GroundworkWe prepare before the fight begins. Decades of experience, deep legal knowledge, and strong relationships with prosecutors and judges give us the foundation to build a smarter, more targeted defense.
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2Discussing The DetailsEvery detail matters. We dig deep into your case, examining reports, records, evidence, and your side of the story to uncover the facts that can shape your defense.
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3Building Your CaseWe challenge what the prosecution thinks it knows. We scrutinize the evidence, investigate police procedures, expose weaknesses, and develop a defense strategy built specifically for your case.
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4Obtaining Positive ResultsWe pursue the outcome that puts you in the strongest position. Whether through aggressive negotiation or a meticulously prepared trial defense, we fight to reduce charges, protect your future, and achieve the best result possible.