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. 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.

More Utah Laws

• Utah Expungement Laws
• Utah Warrant Search