UTAH DUI/ DWI

 

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

 

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

UTAH DUI/ DWI REGULATIONS


In Utah, the Blood Alcohol Content (BAC) limit is set at:

 

0.08%  – for drivers over 21 years of age

0.08%  – for drivers under 21 years of age

0.04%  – you’ll be required to take an impairment test such as exhibiting you can walk straight line.

0.04%  – for commercial drivers (CDL)

 

Having a license in the state of Utah automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 90 days. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If you move to another state, your driving record follows you. A DUI conviction from another state is considered a prior offense in Utah. Subsequent DUI convictions carry exponentially harsher penalties. Your driver license will be coded with information about your conviction, which may prompt an officer to look for signs of drinking should you be pulled over for a traffic violation.

The Utah Driver Handbook contains a comprehensive explanation of DUI procedures.

UTAH DUI/ DWI PENALTIES

 

Those who drink and drive in Utah risk being charged with two crimes: driving while under the influence and driving while over the limit (meaning a BAC of over 0.08%). Though they sound similar, these are two different charges designed to make sure intoxicated drivers receive a DUI (driving while under the influence) conviction if their driving was merely impaired by drugs or alcohol, whether or not a chemical test showed their BAC was above the legal limit.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!          

1st Offense

  • Imprisonment for up to 6 months and/or up to a $1000 fine. Additionally, you will possibly face the following restrictions and punishments:
  • 48 hours community service.
  • An additional surcharge with the fine.
  • A suspended license for 90 days.
  • Mandatory drug/alcohol educational program.
  • An ignition interlock on your vehicle.

2nd Offense

(within 10 years)

  • Is treated as a Class A Misdemeanor.
  • Imprisonment for up to 6 months and/or up to a $1000 fine. Additionally, you will possibly face the following restrictions and punishments:
  • Home arrest or 240 hours of community service.
  • A suspended license for 1 year.
  • An alcohol or drug-screening program.
  • Mandatory drug/alcohol educational program.
  • An ignition interlock on your vehicle for 3 years.

3rd Offense

Subsequent Offences (within 10 years)

  • Imprisonment for up to 5 years and/or up to a $5000 fine. Additionally, you will possibly face the following restrictions and punishments:
  • A suspended license for 1 year.
  • An alcohol or drug-screening program.
  • Intensive substance abuse education and treatment for a minimum duration of 240 hours.
  • Probation of up to 5 years.
  • Ignition interlock for 3 years.
  • Extension of license suspension for up to 2 years.
  • Seizure of vehicle.

 

UTAH PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)


If you drive a commercial vehicle and hold a commercial driver license, in addition to the above penalties, you will face:

  • Disqualification for 1 year for the first offense.
  • Disqualification for 3 years if hauling hazardous material.
  • Lifetime disqualification for any further offenses.

UTAH ADMINISTRATIVE ACTIONS AGAINST DUI/DWI


The immediate consequence if a test shows that your blood alcohol level is beyond the permissible limits is the revocation of your license. This is purely an administrative action and quite apart from any criminal charges and penalties that the courts decide. You will be given a temporary driving permit and you may request a hearing. It is a good idea to consult a DUI/DWI lawyer before you request an administrative hearing.

UTAH LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION


If you are convicted of DUI/DWI, it will result in your license being suspended. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license once the period of suspension is over.

  • To complete the reinstatement requirements, you must pay the reinstatement fee of $50.
  • Clear all the required tests.
  • You will be required to pay an additional administration fee of $150.
  • You can submit the reinstatement application and fees (Monday-Friday from 7:30 am to 5:30 pm, except for state holidays) in person at any DMV office.
  • Once you get your driver license back, you will be on “alcohol restricted driver” status for 2 years, meaning you can’t have any measurable amount of alcohol in your blood. For a 2nd offense of DUI, this restriction will be in place for 10 years.