DUI laws state that any driver over the age of 21 cannot have a blood-alcohol level of 0.05% or higher. Utah’s "not-a-drop" law makes it illegal for any driver under 21 to have any alcohol in their system whatsoever.

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What is a DUI/DWI?

A DUI refers to

driving under the influence

while a DWI means driving while intoxicated or impaired.

Each state determines the difference between the two. Utah uses the term DUI in reference to anyone driving with alcohol, drugs, or a combination of the two in their system.

Intoxicated persons only have to be in physical control of a vehicle—it does not have to be in motion or running. As long as the intoxicated person is in a position of control, even if they are not conscious, they may be charged with a DUI.

Whether the person was in a position of control of the vehicle is determined by the court.

MORE:

The difference between OWI, DWI, and DUI

Key Takeaway The car does not have to be in motion for an intoxicated driver to be charged with a DUI.

DUI in Utah

In Utah, it is illegal to operate a vehicle with a blood-alcohol level of 0.05% or higher. Underage drivers are not permitted by law to have any alcohol in their system whatsoever. DUIs determined by BAC are referred to as per se DUIs.

A DUI is also defined by visible impairment due to the influence of drugs, alcohol, or both, regardless of the driver’s BAC, to the point where they cannot safely operate a vehicle.

Every state has an implied consent law stipulating that you consent to be tested if you’re suspected of driving under the influence of alcohol or drugs.

If you’re lawfully arrested for a DUI, you must submit to a urine, blood, or breath test. You do not have the right to consult with a lawyer before completing the test.

MORE:

Tips to get a clean driving record

Penalties for DUI in Utah

Minimum and maximum penalties for DUIs in Utah are administered depending on the circumstances surrounding the offense. The most significant circumstance is the number of previous DUIs the offender has.

First offense

Penalty	Description
Fine	Minimum $1,310
Jail	Maximum 180 days
License suspension	120 days
Ignition interlock device	1 year if BAC was 0.16% or more
SR-22 requirement	Yes

Second offense

Penalty	Description
Fine	Minimum $1,560
Jail	Maximum 180 days
License suspension	Revoked for 2 years
Ignition interlock device	2 years (with one or more prior convictions within 10 years)
SR-22 requirement	Yes

Third offense

Penalty	Description
Fine	Minimum $2,850
Jail	Maximum 5 years
License suspension	Revoked for 2 years
Ignition interlock device	2 years (with one or more prior convictions within 10 years)
SR-22 requirement	Yes

Key Takeaway Utah’s DUI penalties are more severe if the offender has had previous convictions.

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Does a DUI impact car insurance in Utah?

Yes,

car insurance

companies take DUIs very seriously and you’ll be classified as a

high-risk driver

With a DUI on your

Utah driving record

, you can reasonably expect that insurance carriers will charge you significantly higher rates or they may refuse to insure you entirely.

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Your insurance carrier will also be required to

fill out an SR-22

to prove you have the

state-mandated minimum insurance coverage

MORE:

What is SR-22 Insurance? Do I need it?

Other effects of a DUI

Beyond the conviction penalties and higher insurance rates, DUIs can have some other lasting impacts on your life.

License revocation: After a DUI, you run the risk of

having your license revoked

if you’re charged with other serious offenses.

Ignition interlock device: All states have some type of ignition interlock program requiring drivers convicted of a DUI to install an interlock device in their vehicle to disable the engine if alcohol is detected on their breath.

Background checks: Your DUI will show up on a background check indefinitely, which can cause issues for future employment endeavors.

How to find cheap insurance after a DUI

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