Driving under the influence, or DUI, refers to a driver operating a motor vehicle while under the influence of drugs and/or alcohol. A prosecutor typically must prove the individual drove the vehicle and operated the vehicle while under the influence. In addition, the driver must prove the drugs and/ or alcohol impaired their ability to drive.

A driver can be charged with DUI in Utah for a blood alcohol content, or BAC, greater than .08 percent. If the driver is operating a commercial vehicle, it’s a BAC higher than .04 percent. A driver under 21 years old can be charged with DUI for a BAC higher than .01 percent.

If I Don’t Want to Give Police Proof of a DUI, Should I Refuse the Breathalyzer Test?

No. A driver has the right to refuse a Breathalyzer test. However, Utah has penalties for refusing to take the Breathalyzer test. The penalties are similar to DUI conviction penalties. This is because of implied consent. A driver gives implied consent to take a Breathalyzer test every time they operate a motor vehicle.

If I am Convicted DUI in Utah, How Much Time Will I Get?

The exact criminal sentence a diver convicted of DUI receives depends on the number of offenses and aggravating circumstances. The sentences include:

  • A minimum of two days in jail for a first offense
  • A minimum of 10 days in jail for a second offense
  • A minimum of five years in prison for a third offense

Will My Driver’s License be suspended?

It can be suspended depending on the offense. In Utah, a judge can suspend a person’s license from 120 days on a first DUI conviction to two years for a third DUI conviction.  

Will I Have to Install an Ignition Interlock Device in My Car?

A judge may require a driver convicted of DUI to install an ignition interlock device, or IID, onto a motor vehicle. The device prevents the driver from operating the vehicle.

Should I Talk to an Attorney?

Yes, talk to an attorney about your DUI charge.