When a person is convicted of a crime, the sentencing judge will impose certain penalties. If the same person is later convicted for a second or third time, the penalties are likely to be much more severe. This is true of all criminal offenses, including DUI (driving under the influence), which is also called drunk driving or intoxicated driving.
Most initial DUIs are charged as Class B misdemeanors, so penalties are relatively minor. A second offense within 10 years slightly increases the penalties, while a third offense can result in a third-degree felony charge, not a misdemeanor. There are many potential penalties beyond fines and jail time, and our lawyers can help you prepare for and mitigate them.
Call the Salt Lake City DUI defense lawyers of Overson & Bugden at (801) 758-2287 to get a free case discussion.
When Can You Get Charged with a DUI in Utah?
Before discussing the penalties for DUI, let’s go through a quick overview of the basis for these charges so you know when they are applied.
In Utah, the BAC (blood alcohol content) threshold for DUI charges is 0.05%. This is notably lower than the legal limit in most other states, 0.08%. If a driver’s BAC is 0.05% or above in Utah, they can be charged with DUI. For commercial drivers, the BAC limit in Utah is 0.04%. For drivers under the legal drinking age, having any measurable amount of alcohol in their system can lead to charges.
DUIs can also be charged for driving under the influence of drugs. However, in those situations, since BAC is irrelevant, charges are based on the signs of drug impairment, which officers known as D.R.E.s, or “Drug Recognition Experts,” are trained to detect. If the DUI involves narcotics, the driver can also be charged with drug crimes like possession of controlled substances.
What Happens After a First DUI Offense in Utah?
In Utah, a first-offense DUI may be charged as a Class B or Class A misdemeanor. Grading depends on whether the DUI caused injury, the ages of any passengers who were in the vehicle, and whether other traffic laws were violated.
Fines & Fees
The penalties for a Class B misdemeanor normally include a fine of up to $1,000. In comparison, the penalties for a Class A misdemeanor normally include a fine of up to $2,500.
Surcharges and other court fees outlined in the Utah DUI Statutory Overview can increase the total amount payable.
Jail Time
Class B misdemeanor convictions carry up to 6 months in jail, while Class A misdemeanors carry up to 364 days in jail. For a first DUI offense, there is a mandatory 48 hours of jail, home confinement with electronic monitoring, or community service. Our Park City, UT criminal defense lawyers may convince the judge to suspend jail time in exchange for your participation in and completion of a sobriety program.
License Suspension
Even for a first-time DUI offense in Utah, there is a mandatory 120-day suspension of your driver’s license. For refusal to take a breath test, a driver’s license can be suspended for 18 months. The judge can suspend your license for an additional 2 years.
Ignition Interlock Device
Ignition interlock devices are also mandatory after first-time DUI offenses, unless the court determines it’s not necessary for the safety of the community. Even when your license is reinstated after the suspension, you may have to use the ignition interlock device to confirm you are not under the influence before your car will start. Ignition interlock devices can require you to test while driving, too.
Supervised Probation
Judges may also order supervised probation following an initial DUI offense. This isn’t mandatory for a first-time offense, but it is a possible consequence. Probation for DUIs typically involves regular alcohol and drug testing.
If you are arrested for an extreme DUI because your BAC was 0.16% or higher, supervised probation is mandatory.
Mandatory Screening
DUI convictions require a mandatory screening and assessment, which may result in mandatory education and/or treatment for the defendant.
What Are the Penalties for Second and Third DUI Offenses in Utah?
For a second or third DUI conviction within 10 years of the first, defendants face harsher penalties in Utah.
Second DUI
The following penalties are associated with a second-offense DUI (within 10 years of the first offense:
- Minimum of 240 hours (10 days) in jail
- Various fines and fees amounting to $1,560
- A two-year suspension of your driver’s license
- A screening, which may result in mandatory education and/or treatment
- Mandatory probation and testing
- Installation of ignition interlock device
- License suspension for up to 2 years
Third DUI
If you are charged with DUI on a third occasion, you can expect the penalties to increase even more. A third-offense DUI is no longer a misdemeanor – it is a third-degree felony, which is much more serious. The following penalties are common for a third or subsequent DUI offense:
- At least 60 days in jail and 60 days of electronic home confinement, or up to 5 years in prison
- Various fines and fees amounting to $2,890 (unless the defendant is sentenced to prison)
- A 5-year suspension of your driver’s license
- Screening, assessment, and treatment for at least 240 hours (unless the defendant is sentenced to prison)
- Supervised probation (unless the defendant is sentenced to prison)
- Ignition interlock after license reinstatement
- Electronic home confinement (“house arrest”)
- Up to 2 years of additional driver’s license suspension
What Are the Penalties if Someone is Killed During a DUI in Utah?
If someone is killed as a result of the DUI, the driver can be charged with a very serious crime called automobile homicide in Utah. The penalties for this offense are harsher, as the grading is higher.
If a driver’s blood alcohol concentration is over the legal limit, which is 0.05% in Utah, and they cause a fatal accident, they can face second-degree felony charges for automobile homicide.
Second-degree felonies carry mandatory prison sentences of 5 years and a maximum sentence of 15 years. If there are multiple fatalities, a driver can be charged separately for each death, even if they all result from the same accident.
FAQs About DUI Penalties in Utah
Is Jail Time Mandatory for a First DUI Offense?
A minimum of 48 hours in jail, electronic home confinement, or community service is required for a first DUI offense, unless jail time is suspended upon the defendant’s participation in a sobriety program.
Will You Lose Your License for a First DUI Offense?
Utah revokes driver’s licenses for at least 120 days, even for the first DUI offense. The judge can suspend a defendant’s license for an additional 2 years.
Can You Reinstate Your License Earlier After a First DUI Offense?
You may be able to petition to reinstate your license sooner, so you don’t have to wait the full 120 days, by paying fees and agreeing to install an ignition interlock device in your car.
What if Your Second DUI Offense is More than 10 Years After the First?
If your second DUI offense took place more than a decade after your first, you may be charged as if you were a first-time offender.
When Does a DUI Become a Felony in Utah?
A DUI is charged as a third-degree felony upon the third offense within 10 years. If someone dies as a result of a DUI, the driver can be charged with a second-degree felony for automobile homicide.
Contact a Salt Lake City DUI Defense Lawyer for a Free Legal Consultation
For your free case review from our Layton, UT criminal defense lawyers, call Overson & Bugden now at (801) 758-2287.
