Utah DUI Law Explained

In the state of Utah, the offense of drunk driving is referred to as "Driving Under the Influence" (DUI).

Utah DUI Arrest Basics

It is illegal to operate or be in actual physical control of a vehicle within the state of Utah while under the influence of any alcohol, drug, or a combination of alcohol and drugs to the degree that renders a person incapable of safely operating a vehicle. There is also a "per se" provision of Utah's DUI statute, which makes it illegal to operate or be in actual physical control of a vehicle with a blood alcohol content (BAC) of .08 or higher (either at the time of a chemical test or at the time of operation or actual physical control). Persons are also prohibited from operating or being in actual physical control of a vehicle with any detectable amount of a drug metabolite.

Utah Commercial Drivers License DUI Offenses

Driver's of commercial vehicles are prohibited from operating or being in actual physical control of a commercial vehicle with a BAC of .04 or higher.

Utah DUI charges for minors under 21 years of age

Persons under the age of 21 will be arrested for DUI if any measurable amount of drugs and/or alcohol is present in their system. Although minors will be charged as adults for a DUI offense, they will likely be allowed to serve any subsequent criminal jail sentence that is imposed in a juvenile detention facility.

Utah DUI offenses involving injuries

A DUI offense that results in the infliction of bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner will be charged as a class A misdemeanor.

A Utah DUI offense that results in the infliction of serious bodily injury upon another as a proximate cause of having operated the vehicle in a negligent manner is a third degree felony.

Impaired driving in Utah with a minor in the vehicle

Persons who are arrested for DUI with a minor passenger under the age of 16 at the time of the offense will be charged with a class A misdemeanor offense, which carries enhanced penalties. Persons over the age of 21 who are arrested for a DUI violation that had a minor passenger under the age of 18 will also be charged with a class A misdemeanor.