Utah Drunk Driving Laws

utah

When is a Driver Considered to be Legally Drunk in Utah?

Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater. In Utah, school bus drivers are commercial drivers.
Drivers under 21 are legally drunk when there is any measurable alcohol concentration in the minor’s body.

Penalties for Drunk Driving in Utah

A first-time offender faces 48 hours to six months in prison. First-time offenders are also subject to a fine of $700 to $1,000. If, however, the offender inflicted bodily injury upon another, had a passenger under 16 in the vehicle at the time of the offense, or if the offender was 21 or older and a passenger under 18 was in the vehicle at the time of the offense, the prison term is up to one year and the fine is up to $2,500. First-time offenders are subject to a 90-day driver’s license revocation. The sentencing judge, however, may order an additional suspension or revocation period of 90 days, 180 days, one year, or two years if the judge finds that the offender is a safety hazard.
A person who commits a second offense within 10 years of the first conviction faces 10 days to six months in prison. These offenders are also subject to a fine of $800 to $1,000. If, however, the offender inflicted bodily injury upon another, had a passenger under 16 in the vehicle at the time of the offense, or if the offender was 21 or older and a passenger under 18 was in the vehicle at the time of the offense, the prison term is up to one year and the fine is up to $2,500. Second-time offenders are subject to a one-year driver’s license revocation. The sentencing judge, however, may order an additional suspension or revocation period of 90 days, 180 days, one year, or two years if the judge finds that the offender is a safety hazard.
A person who commits a third violation within 10 years of the previous convictions faces up to five years in prison and is subject to a fine of up to $5,000. The driver’s license revocation period is one year. The sentencing judge, however, may order an additional suspension or revocation period of 90 days, 180 days, one year, or two years if the judge finds that the offender is a safety hazard.

Enhanced Penalties for DUI that Causes Serious Bodily Injury

If a person commits a DUI and causes another person to suffer serious bodily injury, the offender faces up to five years in prison and is subject to a fine of up to $5,000.

Ignition Interlock

When a person commits a DUI and is granted probation, the sentencing judge may require the offender to use an ignition interlock device for a specific length of time that the judge finds appropriate.

Commercial Drivers

In addition to other penalties that may apply under Utah’s DUI laws, a commercial driver who commits a first DUI while driving any vehicle will be disqualified from driving a commercial vehicle for at least one year. If, however, the driver was operating a commercial vehicle and transporting hazardous materials at the time, the disqualification period is at least three years. A commercial driver who commits a second DUI while driving any vehicle will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of not less than 10 years.

Drivers Under 21

In addition to other penalties that may apply under Utah’s DUI laws, a driver under 21 who commits a first DUI will have his or her driver’s license suspended for 90 days. For a second or subsequent offense within three years, the suspension period is one year. Drivers under 21 who are convicted of DUI must use an ignition interlock system as a condition of probation for a time period specified by the sentencing judge.

What is Utah’s Dram Shop Act?

A licensed drinking establishment is liable for injuries suffered by third persons if it served a minor or a person who was apparently under the influence of alcohol and the person served becomes intoxicated and injures the third person. Under this statute, the total amount that may be awarded to one person injured is $500,000. If more than one person is injured, the total award for all injured persons is limited to $1,000,000. An action based on the Dram Shop Act must be filed within two years after the date of the injury. This Act, however, does not preclude any other cause of action or additional recovery against the person who caused the injury. Actions brought outside of the Dram Shop Act are not subject to the damage cap.

Criminal Penalties for Selling or Furnishing Alcohol to Minors

In Utah, it is a crime to sell or furnish alcohol to a minor. A person who violates this law with knowledge that the minor is underage faces up to one year in prison and a fine of up to $2,500. A person who negligently or recklessly sells or furnishes alcohol to a minor by failing to determine the minor’s age faces up to six months in prison and a fine of up to $1,000.

Criminal Liability for Selling or Furnishing Alcohol to an Intoxicated Person

In Utah, it is a crime to sell or furnish alcohol to an intoxicated person. A person who violates this law with knowledge that the drinker is already intoxicated faces up to one year in prison and a fine of up to $2,500. A person who negligently violates this law faces up to six months in prison and a fine of up to $1,000.

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