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Last updated: July 10, 2023
Guide to DUIs in Utah
Utah has particularly harsh penalties for those convicted of driving under the influence.
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According to a 2022 study from The Salt Lake Tribune, 61 percent of Utah’s population were members of The Church of Jesus Christ of Latter-Day Saints (LDS). This percentage has been on the decline since 2015. In spite of that, as of 2021, 86 percent of the Utah Legislature and 100 percent of its congressional seats and political offices were occupied by members of the LDS Church, a religion that prohibits the consumption of alcohol.
Some have argued that the makeup of the state’s government is the reason why Utah’s laws are conservative on issues like gambling, gay rights, and abortion. It may also be why the state’s penalties for DUI are especially harsh compared to other states.
Here’s what you can expect if you’re convicted of a DUI in the Beehive State.
DUI Laws in Utah
In Utah, it is illegal to drive under the influence (DUI) with a blood alcohol concentration (BAC) of 0.08 percent or higher. If your BAC was higher than 0.08 percent, or if there were any injuries, minor passengers, or particularly reckless driving behaviors involved in your DUI, the penalties are even harsher.1
DID YOU KNOW?
In 2021, 79 people were killed in fatal crashes that involved impaired driving. This number represents nearly a quarter of all fatal car crash victims in Utah, according to the most recent data from the National Highway Traffic Safety Administration (NHTSA).
Penalties
A DUI charge in Utah can either be classified as a misdemeanor for first or second offenses or as a felony for third or subsequent offenses within 10 years. The penalties are harsher compared to other states, and include fines, jail time, ignition interlock devices, and substance abuse treatment.
| Consequence | First offense (BAC 0.08% or higher) | First offense (BAC 0.16% or higher, 0.5% or higher plus any measured controlled substance, or a combination of 2 or more controlled substances) | Second offense within 10 years (BAC 0.08% or higher) | Second offense within 10 years (BAC 0.16% or higher, 0.5% or higher plus any measured controlled substance, or a combination of 2 or more controlled substances) | Third or subsequent offense within 10 years (BAC 0.08% or higher) | Third or subsequent offense within 10 years (BAC 0.16% or higher, 0.5% or higher plus any measured controlled substance, or a combination of 2 or more controlled substances) |
|---|---|---|---|---|---|---|
| Classification | Class B misdemeanor, or Class A if there was bodily injury, passenger under 16, passenger under 18 if driver is 21 or older, or driving in the wrong direction on a freeway or controlled-access highway | Class B misdemeanor, or Class A if there was bodily injury, passenger under 16, passenger under 18 if driver is 21 or older, or driving in the wrong direction on a freeway or controlled-access highway | Class B misdemeanor, or Class A if there was bodily injury, passenger under 16, passenger under 18 if driver is 21 or older, or driving in the wrong direction on a freeway or controlled-access highway | Class B misdemeanor, or Class A if there was bodily injury, passenger under 16, passenger under 18 if driver is 21 or older, or driving in the wrong direction on a freeway or controlled-access highway | 3rd degree felony if there was serious bodily injury, prior felony DUI, or automobile homicide conviction | 3rd degree felony plus |
| Imprisonment | Two days | Five days, or two days of imprisonment and 30 days of house arrest (includes substance abuse testing) | 10 days, or five days of imprisonment plus 30 days of house arrest (includes substance abuse testing) | 20 days, or 10 days in jail and 60 consecutive days or house arrest (includes substance abuse testing), or 10 days in jail and substance abuse testing if testing is more likely to reduce recidivism/is in the interest of public safety | Zero to five years in prison or 60 days in jail and 60 days of house arrest (includes substance abuse testing) | Zero to five years in prison or 120 days in jail and 120 days of house arrest (includes substance abuse testing) |
| Compensatory service substituted for imprisonment | Yes, 48 hours | No | No | No | No | No |
| Jail time suspended for participation in 24/7 sobriety program | Yes, 48 hours | Yes | Yes, but still must serve either five days in jail for a second offense, or 10 days for third and subsequent offenses | Yes, but must serve five days in jail for a 2nd offense, or 10 days for third and subsequent offenses | No | No |
| Fine minimum | $700 | $700 | $800 | $800 | $1,600 | $1,500 |
| Surcharge | $630 | $630 | $720 | $720 | $1,350 | $1,350 |
| Justice court fee | $60 | $60 | $60 | $60 | $0 | $0 |
| District court fee | $53 | $53 | $53 | $53 | $53 | $53 |
| Total fees | $1,443 | $1,443 | $1,633 | $1,633 | $3,003, but can be suspended if zero- to five-year prison term is imposed | $2,903 but can be suspended if zero- to five-year prison term is imposed |
| Screening, assessment, and educational series (unless treatment is ordered) | Yes | Yes | Yes | Yes | Yes, unless zero- to five-year prison term is imposed | Yes, unless zero- to five-year prison term is imposed |
| Supervised probation | Maybe | Yes | Yes | Yes | Yes, but only if zero- to five-year prison term is not imposed | Yes, but only if zero- to five-year prison term is not imposed |
| Ignition interlock device | Yes, but up to court unless individual is under 21 for an Alcohol Restricted Driver (ARD) violation or another reason why it’s not appropriate | Yes, but up to court unless individual is under 21 for an Alcohol Restricted Driver (ARD) violation or another reason why it’s not appropriate | Yes, but up to court unless individual is under 21 for an Alcohol Restricted Driver (ARD) violation or another reason why it’s not appropriate | Yes, but up to court unless individual is under 21 for an Alcohol Restricted Driver (ARD) violation or another reason why it’s not appropriate | Yes, unless it’s determined not to be necessary for safety | Yes, unless it’s determined not to be necessary for safety |
| Increased sentencing | No | Yes, unless it’s not appropriate. Will require treatment and either an interlock, ankle-attached alcohol monitoring device, and/or house arrest | No | Yes, unless treatment is not appropriate, plus interlock, ankle-attached alcohol monitoring device, and/or house arrest | No | No |
| License suspension | Maybe; 90 days, 120 days, 180 days, one year, or two years | Maybe; 90 days, 120 days, 180 days, one year, or two years | Maybe; 90 days, 120 days, 180 days, one year, or two years | Maybe; 90 days, 120 days, 180 days, one year, or two years | Maybe; 90 days, 120 days, 180 days, one year, or two years | Maybe; 90 days, 120 days, 180 days, one year, or two years |
Underage Drivers
Utah’s statutory provisions for drivers based on their age are as follows.
| Length of driver’s license denial, suspension, or revocation by age of driver | First offense | Second or subsequent offense within 10 years |
|---|---|---|
| Under 19 | License denial, suspension, or revocation: Until 21st birthday,
Early license reinstatement: After six months with screening, assessment, education, or treatment, given they have not been convicted of violating a motor vehicle law during suspension, have complied with probation terms/court orders, and make a sworn statement they have not unlawfully consumed alcohol during this period |
License denial, suspension, or revocation: Until 21st birthday
Early license reinstatement: No |
| 19-20 | License denial, suspension, or revocation: Longer of either one year maximum or until 21st birthday
Early license reinstatement: After six months with screening, assessment, education, or treatment, given they have not been convicted of violating a motor vehicle law during suspension, have complied with probation terms/court orders, and make a sworn statement they have not unlawfully consumed alcohol during this period |
License denial, suspension, or revocation: Longer of either two years or until 21st birthday
Early license reinstatement: No |
| 21 or older | License denial, suspension, or revocation: 120 days
Early license reinstatement: If they participate in 24/7 sobriety program, pay fees, and install an ignition interlock, but can’t apply if they refused chemical test during DUI arrest or have not cleared any outstanding license sanctions |
License denial, suspension, or revocation: Two years
Early license reinstatement: No |
Drivers under 21 must wait at least six months to reinstate their driver’s licenses, unlike drivers 21 or older.
How Long DUIs Stay on Records
In Utah, DUIs stay on your driving record for 10 years.2
Are SR-22s Required?
Once someone is eligible to reinstate their registration following a DUI, they will need to prove they meet Utah’s car insurance requirements with an SR-22 form. Their insurance provider or agent will submit this form through the state’s Division of Motor Vehicles.3
How DUIs Affect the Cost of Car Insurance
In Utah, DUIs increase the cost of car insurance by an average of 64 percent. Keep in mind that these are average costs; factors like your credit score, sex, marital status, driving record, ZIP code, and vehicle type affect your rate too.
| Average annual cost of car insurance in Utah | With clean record | With DUI | Percentage increase |
|---|---|---|---|
| Allstate | $2,089 | $2,197 | 5% |
| American Family | $1,602 | $1,714 | 7% |
| GEICO | $778 | $1,173 | 51% |
| Kemper | $789 | $844 | 7% |
| Progressive | $1,236 | $1,256 | 2% |
| USAA | $634 | $713 | 13% |
Does Car Insurance Cover DUIs?
Car insurance should cover damages from DUI accidents unless the crash was intentional. However, policies do typically cover reckless and negligent drivers.4 If your insurance provider refuses to cover you, you may need to hire a DUI attorney to receive compensation.
How to Find Car Insurance After a DUI
Learn how to get the best auto insurance after a DUI for the lowest price possible.
Best and Cheapest Companies
USAA provides the cheapest insurance after a DUI in Utah ($713 a year), but it’s only available to active and former military members and their immediate families. The second cheapest is Kemper at $844 a year. Learn more about Kemper’s auto insurance pricing.
Alternatives
Unlike some other states, Utah doesn’t offer any state-run high-risk or low-cost automobile insurance programs for people who have trouble getting coverage. That means you’ll have to go through the private market. If you can’t find a policy you can afford, consider getting nonowner insurance for a car you don’t own.
How to Save Money
There are still ways to lower the cost of auto insurance, even with a DUI on your driving record.
- Get minimum coverage: Technically, Utah only requires liability coverage and personal injury protection.5 You can save the most by purchasing only the minimum coverage, but that won’t cover your property damages in an at-fault accident. It also won’t pay if your car is damaged or destroyed by theft, vandalism, or a major weather event.
- Increase the size of your deductible: Raising your deductible on collision and comprehensive coverage means you’ll pay lower rates.
- Ask for discounts: Your insurance agent may be able to offer you discounts for bundling home and auto insurance, paying your policy in full, or practicing safe driving behaviors.
- Shop the market: Compare quotes from multiple providers to see who can offer the lowest rate. You know what they say: Never accept a first offer.
- Get pay-per-mile insurance: If you have a short commute or none at all, you can save money by buying pay-per-mile insurance. Instead of paying a flat amount over six months or a year, you’ll pay daily and per-mile rates. This tends to be cheaper for low-mileage drivers, but if that’s not you, it could cost more than a regular policy.
FYI:
Utah’s average commute time is the ninth-lowest in the nation at 21 minutes as of 2021. Fifty-two percent of commuters in Utah spend less than 20 minutes driving to work, while only 25 percent have commutes of 30 minutes or longer.6
Conclusion
That’s all there is to know about driving under the influence in Utah, the legal penalties for doing so, and the effect a DUI can have on your car insurance premiums. Finding a car insurance company that won’t charge you more after a DUI will prove difficult, as you’ll be classified as a high-risk driver. Check out the best high-risk auto insurance companies to find a provider more likely to cover you.
Frequently Asked Questions
Can a DUI be dismissed in Utah?
Yes, a DUI charge can be dismissed in Utah as part of a plea agreement, according to Part 5 of the Utah Code, Driving Under the Influence and Reckless Driving.
How long does a DUI affect insurance in Utah?
A DUI will affect insurance in Utah for as long as it remains on your motor vehicle record, which is 10 years in the state.
How do I get a DUI off my record in Utah?
There’s no way to get a DUI conviction off your record in Utah before 10 years have passed. Furthermore, charges for driving under the influence are excluded from the state’s Clean Slate Laws, which expunges violations from people’s records automatically after certain periods of time. Rather, to get your record expunged, you’ll need to take one of the following actions:
- Visit a Utah Bureau of Criminal Identification (BCI) office and fill out an application. You’ll need to show your ID, pay a $65 fee, and ink your fingerprints. The form is accessible via https://bci.utah.gov/wp-content/uploads/sites/15/2023/01/Expungement-Application-12292022-TSOB.pdf.
- If you prefer mail, send your application, fee, and release form to the address below:
- Utah Bureau of Criminal Identification
- 4315 S. 2700 W., Suite 1300
- Taylorsville, Utah 94129
- Visit the BCI website. You’ll need to pay the fee, send your fingerprints, and either email the application or drop it off in person.
For more detailed information, see the Utah Department of Public Safety’s frequently asked questions about expungements at https://bci.utah.gov/expungements/expungements-faq/.
How do I get my license back after a DUI in Utah?
Here’s how to get back your license after a DUI in Utah:
- Contact a hearing officer to schedule a hearing. They will review whether your license will be reinstated. Find your local hearing office via https://dld.utah.gov/office-locations-and-hours/.
- Install an ignition interlock device in your vehicle, or in any vehicle you drive if the judge requires it.
- Attend the hearing either at a Driver License Field Office, via a web meeting, or over the phone. The hearing officer will review your driving record and will make sure you have installed an ignition interlock device if one was court ordered.
- Pay the reinstatement fees to the Driver License Division, either in person or over the phone at 888-353-4224. If you prefer to pay in person, schedule an appointment by contacting your local office. For an alcohol- or drug-related offense, you will pay an $85 reinstatement fee plus a $255 administrative fee for a total of $340.
Citations
Utah DUI Statutory Overview. Utah.gov. (2021, May 4).
https://justice.utah.gov/wp-content/uploads/2021-DUI-Statutory-Overview.pdfMotor Vehicle Record (MVR). Utah Department of Public Safety. (2023).
https://dld.utah.gov/mvr/Vehicle Insurance Requirements. Division of Motor Vehicles. (2023).
https://dmv.utah.gov/register/insuranceDUI-Related Accidents and Car Insurance. NOLO. (2023).
https://www.nolo.com/legal-encyclopedia/dui-related-accidents-and-car-insurance.htmlPart 3: Motor Vehicle Insurance. Utah Code. (2023).
https://le.utah.gov/xcode/Title31A/Chapter22/C31A-22-P3_1800010118000101.pdfCOMMUTING CHARACTERISTICS BY SEX. United States Census. (2021).
https://data.census.gov/table
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