DUI Laws in Utah

Important Information on Utah DUI Laws

Utah's DUI provisions are primarily found in Utah Code Title 41, Chapter 6a, Part 5. The information below is current through the 2026 General Session. Because Utah's DUI statutes are amended frequently, attorneys and members of the public should verify the operative version and effective date of any provision at le.utah.gov before relying on it.

Common Acronyms and Terms

• DUI - driving under the influence
• Extreme DUI - a statutorily defined aggravated form of DUI, added in 2024 and expanded in 2025
• DUI Metabolite - driving with any measurable controlled substance or metabolite in the body
• Impaired Driving - a reduced-level offense available only by negotiated plea
• Refusing a Chemical Test - a separate substantive crime, not merely an administrative sanction
• BUI - boating under the influence
• Interdicted Person - an alcohol-purchase prohibition imposed at sentencing, effective January 1, 2026
• IRD / ARD - ignition interlock restricted driver / alcohol restricted driver
• Minor Consumption or Possession - possession or consumption of alcohol by a person under 21

Prohibited Vehicular Activity

Utah law prohibits operating, or being in actual physical control of, a vehicle while meeting the statutory requirements for DUI.

"Actual physical control" is determined by the totality of the circumstances. However, it excludes a circumstance in which all of the following are true: the person is asleep inside the vehicle; the person is not in the driver's seat; the engine is not running; the vehicle is lawfully parked; and, based on the facts presented, it is evident that the person did not drive to the location while under the influence. Utah Code § 41-6a-501(1)(a).

Covered Vehicles or Devices

"Vehicle" and "motor vehicle" have the meanings provided in § 41-6a-102 and expressly include off-highway vehicles under § 41-22-2 and motorboats under § 73-18-2. See § 41-6a-501(1)(m).

Section 41-6a-502 applies to a "vehicle," rather than only a "motor vehicle." This distinction may be important when bicycles and other human-powered or electric-assisted vehicles are involved.

The Core DUI Offense Under § 41-6a-502

§ 41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration - Penalties - Reporting of convictions.

An actor commits DUI by operating or being in actual physical control of a vehicle in Utah if the actor:

1. Has sufficient alcohol in the body that a subsequent chemical test shows a blood or breath alcohol concentration of .05 grams or greater at the time of the test;
2. Is under the influence of alcohol, any drug, or their combined influence to a degree that renders the actor incapable of safely operating a vehicle; or
3. Has a blood or breath alcohol concentration of .05 grams or greater at the time of operation or actual physical control.

Utah lowered its per se blood alcohol concentration threshold from .08 to .05 effective December 30, 2018 and remains the only state with a .05 per se threshold.

Blood alcohol concentration is measured in grams of alcohol per 100 milliliters of blood. Breath alcohol concentration is measured in grams per 210 liters of breath. § 41-6a-502(3).

A violation also includes a violation of a similar local ordinance adopted in compliance with § 41-6a-510. § 41-6a-502(4).

Other Important Provisions

• DUI is a strict liability offense. § 41-6a-502(6).
• A guilty or no contest plea may not be held in abeyance. § 41-6a-502(7).
• The actor is guilty of a separate offense for each passenger under 16 in the vehicle. § 41-6a-502(8).
• Legal entitlement to use the alcohol or drug is not a defense. § 41-6a-504.
• A guilty or no contest plea is invalid unless the prosecutor agrees on the record. In specified cases involving qualifying prior convictions, felony DUI, § 76-5-102.1, or § 76-5-207, approval by an attorney with felony jurisdiction is required. § 41-6a-513.

Degree of Impairment Required

• Alcohol/drug impairment: impairment must be to a degree that renders the actor incapable of safely operating a vehicle.
• Per se DUI: no separate proof of impairment is required if the statutory alcohol concentration requirements are met.
• Metabolite offense under § 41-6a-517: no impairment is required. The offense may be established through a measurable controlled substance or metabolite, subject to statutory exclusions and affirmative defenses.

Offense Classification Under § 41-6a-502(2)

Important: DUI classification and penalty grading were moved into § 41-6a-502 itself in 2023. Former § 41-6a-503 was repealed effective May 3, 2023. Sources that continue to cite § 41-6a-503 for current DUI offense classifications are citing a repealed statute.

Class B Misdemeanor

A DUI offense is a class B misdemeanor by default. § 41-6a-502(2)(a).

Class A Misdemeanor

A DUI is a class A misdemeanor if the actor:

• Has a passenger younger than 16 in the vehicle at the time of the offense;
• Is 21 or older and has a passenger younger than 18 in the vehicle;
• At the time of the offense also violated § 41-6a-712 or § 41-6a-714, or violated § 41-6a-709 on a one-way highway other than a roundabout having more than one lane of traffic; or
• Has one prior conviction within 10 years of the current conviction or the commission of the offense on which the current conviction is based.

Third Degree Felony

A DUI is a third degree felony if:

• The actor has two or more prior convictions, each within 10 years of the current conviction or commission of the underlying offense; or
• The current conviction occurs at any time after a qualifying felony conviction, including a qualifying conviction later reduced under § 76-3-402.

Bodily injury is no longer a DUI sentence enhancer. Injury-based enhancement was removed from the DUI statute in 2022. Relevant injury cases now proceed under the separate offense in § 76-5-102.1.

Prior Convictions Under § 41-6a-501(2)

For DUI enhancement purposes, a "conviction" may include a conviction arising from a separate episode of driving for:

1. DUI under § 41-6a-502;
2. Alcohol/drug-related reckless driving under §§ 41-6a-512 and 41-6a-528 for applicable offenses before July 1, 2008, or impaired driving under § 41-6a-502.5 for applicable offenses on or after July 1, 2008;
3. Driving with a measurable illegally taken controlled substance under § 41-6a-517;
4. Similar local ordinances adopted under § 41-6a-510;
5. Automobile homicide under § 76-5-207;
6. Operating with an amount of a controlled substance causing serious bodily injury or death, as codified before May 4, 2022;
7. Negligently operating a vehicle resulting in injury under § 76-5-102.1;
8. Qualifying offenses later reduced under § 76-3-402;
9. Refusing a chemical test under § 41-6a-520.1(1); and
10. Out-of-state and prior in-state equivalents, including qualifying punishments under 10 U.S.C. § 815.

A qualifying plea held in abeyance before July 1, 2008 may count as a conviction for enhancement and expungement purposes. A juvenile court admission to § 41-6a-502 may also count as a conviction for enhancement under Part 5, § 76-5-102.1, and § 76-5-207.

Extreme DUI Under § 41-6a-501(1)(f)

"Extreme DUI" means a DUI offense for which there is admissible evidence that the individual:

1. Had a blood or breath alcohol level of .16 or higher;
2. Had a blood or breath alcohol level of .05 or higher in addition to any measurable controlled substance; or
3. Had a combination of two or more controlled substances in the body that were not recommended under Utah's Cannabinoid Research and Medical Cannabis provisions or prescribed.

Extreme DUI is not a separate offense classification and does not, by itself, convert a class B misdemeanor to a class A misdemeanor. It affects mandatory minimum sentencing under § 41-6a-505, may trigger mandatory ignition interlock requirements and interdicted person designation, and prevents disposition as impaired driving.

For sentencing purposes, "controlled substance" does not include an inactive metabolite of a controlled substance. § 41-6a-501(3).

Drafting note: The codified language of § 41-6a-501(1)(f) refers to "driving under the influence under Section 41-1a-502." Section 41-1a-502 addresses motor vehicle titling. The NCDD materials identify this as an apparent scrivener's error for § 41-6a-502.

Driving With Any Measurable Controlled Substance Under § 41-6a-517

In cases not amounting to a violation of § 41-6a-502, § 76-5-102.1, or § 76-5-207, a person may not operate or be in actual physical control of a motor vehicle while any measurable controlled substance or metabolite of a controlled substance is present in the person's body. § 41-6a-517(2)(a).

Carboxy-THC Exclusion

Section 41-6a-517(2)(a) does not apply when 11-nor-9-carboxy-tetrahydrocannabinol is the only controlled substance present in the person's body. § 41-6a-517(2)(b).

Affirmative Defenses

An affirmative defense may apply if the controlled substance was:

• Involuntarily ingested by the accused;
• Prescribed by a practitioner for use by the accused;
• Cannabis or a cannabis product in a medicinal dosage form ingested in accordance with Utah's medical cannabis laws; or
• Otherwise legally ingested.

A violation is a class B misdemeanor. A defendant may also be subject to conviction and sentencing for an applicable controlled-substance offense. Warrantless arrest is authorized upon probable cause even when the violation did not occur in the officer's presence.

Driver License Consequences for § 41-6a-517

Age at Arrest	First Conviction	Qualifying Prior Within 10 Years
21 or older	120-day suspension	2-year revocation
19 to under 21	Until age 21 or 1 year, whichever is longer	Until age 21 or 2 years, whichever is longer
Under 19	Until age 21	Until age 21

Days previously suspended under § 53-3-223 or § 53-3-231 based on the same occurrence are subtracted. The court must order supervised probation under § 41-6a-507 and may order participation in a 24-7 sobriety program for a person 21 or older.

Impaired Driving Under § 41-6a-502.5

Impaired driving is a negotiated disposition that was not addressed on the previous version of this page.

With the prosecutor's agreement, a plea to a class B misdemeanor violation of § 41-6a-502 committed on or after July 1, 2008 may be entered as an impaired driving conviction if:

• The defendant completes court-ordered probation requirements; or
• The prosecutor agrees as part of a negotiated plea and the court finds the disposition is in the interest of justice.

An impaired driving conviction is a class B misdemeanor and, for purposes of § 76-3-402, entry of the plea as impaired driving constitutes a reduction of one degree.

Screening, assessment, educational series, and treatment requirements under § 41-6a-505 apply at the corresponding first, second, or subsequent offense level.

An impaired driving disposition is not available to a person with a prior conviction as defined in § 41-6a-501(2) or to a person charged with extreme DUI. § 41-6a-502.5(8).

Refusing a Chemical Test

Implied Consent Under § 41-6a-520

An individual operating a motor vehicle in Utah is deemed to have consented to chemical testing of breath, blood, urine, or oral fluids. The officer determines which and how many tests will be administered. The driver may not select the test.

If more than one test is requested, refusing any one requested test constitutes a refusal even if the driver submits to another. There is no right to consult an attorney before deciding whether to submit to chemical testing. Blood testing remains subject to § 77-23-213.

The statutory warning must advise the driver that refusal may result in criminal prosecution, driver's license revocation, a five-year or ten-year alcohol-restricted driver prohibition depending on driving history, and a two-year prohibition on driving without an ignition interlock device. § 41-6a-520(2)(a).

The Crime of Refusal Under § 41-6a-520.1

An actor commits the offense of refusing a chemical test when the officer gives the warning required by § 41-6a-520(2)(a), a court issues a warrant authorizing the drawing and testing of blood, and the actor then refuses to submit to the blood test.

Offense grading generally mirrors § 41-6a-502: class B misdemeanor by default, class A misdemeanor under the applicable child-passenger, statutory traffic violation, or one-prior triggers, and third degree felony based on two or more qualifying priors or certain prior felony convictions.

Sentencing follows § 41-6a-505 with modifications. The jail requirement is 24 consecutive hours longer than otherwise required under § 41-6a-505, the fine is $100 more, and the court must order one or more of the following:

• Ignition interlock;
• An ankle-attached continuous transdermal alcohol monitoring device; or
• Home confinement with electronic monitoring.

Refusal does not merge with a violation of § 32B-4-409, § 41-6a-502, § 41-6a-517, or § 41-6a-530. A refusal plea may not be held in abeyance.

Administrative Revocation Hearing for Refusal Under § 41-6a-521

• A written hearing request must be made within 10 calendar days after the officer provides notice.
• The Driver License Division must provide an opportunity to be heard within 45 days after the arrest. This increased from 29 days in 2026.
• If no hearing is requested, revocation begins on the 60th day after arrest. This was moved from the 45th day in 2026.
• For a driver age 21 or older, the revocation is generally 18 months.
• A qualifying prior during the preceding 10 years generally results in a 36-month revocation.
• For drivers under 21, the revocation is generally until age 21 or two years, whichever is longer, or 36 months with a qualifying prior, subject to the statutory longer-of rules.
• Judicial review requires a petition within 30 days.
• After at least 90 days of revocation, an eligible driver may elect an ignition interlock restriction subject to § 41-6a-521(7). The interlock restriction then runs two years.
• Early reinstatement may also be available through a 24-7 sobriety program after at least 90 days have been served.

Conviction-Based Revocation for Refusal Under § 41-6a-521.1

A first conviction under § 41-6a-520.1(1) generally results in an 18-month revocation for a driver age 21 or older. A qualifying prior within 10 years generally results in a 36-month revocation. Longer-of provisions apply to drivers under 21.

Statutory drafting issue: § 41-6a-521(8)(a) now states that the interlock election period is two years, while § 41-6a-509(1)(c) and § 41-6a-521.1(7) continue to condition certain suspension or revocation relief on completing three years of the § 41-6a-521(7) interlock restriction. The 2026 amendments do not appear to have conformed these cross-references.

Sentencing Under § 41-6a-505

Section 41-6a-505 has been substantially rewritten around the extreme DUI tiers and was amended again during the 2026 General Session. The former mandatory jail figures of 48 hours, 240 hours, and 1,500 hours reflected on the prior version of this page are no longer current law.

First Conviction Involving Extreme DUI

For a first extreme DUI conviction, the court must:

• Impose at least five days in jail, or at least two days in jail plus at least 30 consecutive days of home confinement with electronic monitoring that includes a substance abuse testing instrument;
• Order screening and, when indicated, an assessment;
• Order an educational series if treatment is not ordered;
• Impose a fine of at least $700;
• Order probation under § 41-6a-507;
• Order payment or reimbursement of applicable impound, towing, and storage fees;
• Order an ignition interlock system unless the court determines and states on the record that it is unnecessary for community safety and the interests of justice; and
• Designate the individual an interdicted person, generally for a period not exceeding the probationary period, and require surrender of the Utah driver's license or identification card.

The court may also order substance abuse treatment, participation in a 24-7 sobriety program for a person age 21 or older, or both.

First Conviction Not Involving Extreme DUI

For other first DUI convictions, the court must impose at least two days in jail or at least 48 hours of compensatory-service work. The court must also order screening, assessment when indicated, an educational series when treatment is not ordered, a fine of at least $700, and applicable impound, towing, and storage fees.

The court may order treatment, probation under § 41-6a-507, participation in a 24-7 sobriety program for a person age 21 or older, a combination of those measures, or interdicted-person designation.

Second Conviction Within 10 Years Involving Extreme DUI

The court must impose one of the following:

• At least 20 days in jail;
• At least 10 days in jail plus at least 60 consecutive days of electronically monitored home confinement; or
• At least 10 days in jail plus substance abuse treatment if the court finds treatment more likely to reduce recidivism and consistent with public safety.

Additional requirements include screening, assessment when indicated, an educational series when treatment is not ordered, a fine of at least $800, probation under § 41-6a-507, mandatory ignition interlock, applicable impound/towing/storage fees, and interdicted-person designation.

Second Conviction Within 10 Years Not Involving Extreme DUI

The court must impose at least 10 days in jail, or at least five days in jail plus at least 30 consecutive days of home confinement with electronic monitoring. Additional requirements include screening, assessment when indicated, an educational series when treatment is not ordered, a fine of at least $800, probation, and applicable impound, towing, and storage fees.

Interdicted-person designation is discretionary for this sentencing tier.

Felony DUI With a Suspended Prison Sentence

Extreme DUI under § 41-6a-505(9): the sentence includes a fine of at least $1,500, at least 120 days in jail, at least 120 consecutive days of home confinement with electronic monitoring, supervised probation, and interdicted-person designation.

Other felony DUI under § 41-6a-505(11): the sentence includes a fine of at least $1,500, at least 60 days in jail, at least 60 consecutive days of home confinement with electronic monitoring, and supervised probation.

For either category, the court must order screening, assessment, and treatment as appropriate and may order participation in a 24-7 sobriety program for an individual age 21 or older.

24-7 Sobriety Program Credit

When an individual participates in a qualifying 24-7 sobriety program, the court may suspend mandatory jail as follows:

• First conviction: the full mandatory jail sentence may be suspended.
• Second offense: suspension is available after the individual serves at least five days.
• Third or subsequent offense: suspension is available after the individual serves at least 10 days.

If the person fails to complete the program, the court must impose the suspended sentence. Program duration is at least 30 days for a first conviction and at least one year when there is a prior conviction within 10 years.

Suspension, Conversion, and Jail Increments

A court generally may not suspend § 41-6a-505 requirements except as authorized through the 24-7 sobriety provisions. However, with the stipulation of both parties and approval of the judge, required jail may be converted to electronic home confinement.

Jail imposed as a condition of misdemeanor probation may also be served in multiple two-day increments at weekly intervals when separate increments are necessary to allow the defendant to serve the required term while maintaining employment.

The .16 Provision

On a § 41-6a-502 conviction involving admissible evidence of a blood alcohol concentration of .16 or higher, the court must order treatment and one or more of the following, or state on the record why the orders are inappropriate:

• Ignition interlock as a condition of probation;
• An ankle-attached continuous transdermal alcohol monitoring device or remote alcohol monitor; or
• Home confinement with electronic monitoring.

Extreme DUI Noted in the Judgment

On a class A misdemeanor or felony conviction that meets the Extreme DUI definition, the sentencing court must note the Extreme DUI in the judgment of commitment. The Utah Board of Pardons and Parole must consider that designation when calculating the sentencing guideline. This provision was added in 2026.

DUI Fines and Surcharges

Section 41-6a-505 establishes mandatory minimum fines. A 90% criminal surcharge applies under § 51-9-401, along with the applicable court security surcharge.

Under the 2026 Uniform Fine Schedule, a first misdemeanor DUI totals $1,383 in district court and $1,390 in justice court. A felony DUI involving a suspended prison sentence totals $2,903.

Interdicted Person Designation

Effective January 1, 2026, Utah law authorizes and, for certain Extreme DUI sentencing tiers, requires a court to designate a convicted individual as an interdicted person.

An interdicted person is prohibited from purchasing alcohol during the designated period. The individual must surrender the Utah driver's license or identification card, and the court notifies the Driver License Division.

A reissued credential carries a red "NO ALCOHOL SALE" banner, with a black-and-white identifier on temporary documents. A $7 administrative fee applies to adding the interdicted-person identifier.

Designation is mandatory for a first Extreme DUI, a second Extreme DUI, and a felony Extreme DUI when the prison sentence is suspended. It is discretionary for certain other first and second DUI convictions. An interdicted-person designation is also required for a § 76-5-102.1 conviction.

Ignition Interlock Requirements

Ignition Interlock as a Condition of Probation Under § 41-6a-518

Unless the court determines and states on the record that an interlock is unnecessary for community safety and the interests of justice, a person convicted under § 41-6a-502 and placed on probation may not operate a motor vehicle during probation unless it is equipped with a certified ignition interlock calibrated to prevent operation at .02 grams or greater.

Interlock must be ordered when the person was under 21 at the time of the violation and for vehicles registered to or operated by a person convicted within 10 years of a prior conviction. The section does not apply to a § 41-6a-502 conviction that did not involve alcohol.

Monitoring occurs at least every 60 days, or more frequently if ordered. Costs are generally borne by the probationer, subject to applicable indigency provisions. A limited employer-vehicle exemption is available in certain circumstances.

A violation of the probation interlock provisions is a class C misdemeanor.

Interlock Restricted Driver Status Under § 41-6a-518.2

An interlock restricted driver who operates or is in actual physical control of a vehicle without the required interlock device commits a class B misdemeanor.

Basis for Restriction	Restriction Period
Conviction under § 41-6a-502, § 41-6a-520.1(1), or § 76-5-102.1	18 months
Prior conviction within 10 years; violation of § 41-6a-518.2; offense committed under age 21; or administrative refusal revocation	2 years
Felony violation of § 41-6a-502, § 41-6a-520.1(1), or § 76-5-102.1	3 years
Automobile homicide under § 76-5-207	4 years

Removing an ignition interlock before the applicable restriction period expires extends the restriction by the number of days the device was not installed.

Statutory provisions also allow removal in certain first-offense cases, when the underlying offense did not involve alcohol, or when a documented medical condition prevents the person from providing the required deep-lung breath sample.

Circumventing an interlock device, providing an unequipped vehicle to a restricted driver, or providing a breath sample for a restricted driver is a class B misdemeanor. § 41-6a-518.1.

Driver License Consequences

Utah uses two parallel and independent systems for DUI-related driver's license consequences: administrative action by the Driver License Division and conviction-based action arising from the criminal case.

Administrative Per Se Action Under § 53-3-223

The 2026 amendments significantly changed the administrative deadlines:

• The officer provides notice of intent to suspend within 24 hours after arrest.
• The officer forwards the required citation, signed report, and basis for action to the Division within 10 calendar days.
• The driver must request a hearing within 10 calendar days after the officer provides notice.
• The Division must provide an opportunity to be heard within 45 days after the date of arrest. The former period was 29 days.
• Suspension begins on the 60th day after arrest. The former start date was the 45th day.

Administrative Suspension Periods

• Age 21 or older: 120 days for a first suspension; two years for a second or subsequent suspension involving an offense within the previous 10 years.
• Under age 21: six months for a first suspension; until age 21 or two years, whichever is longer, for a second or subsequent suspension within 10 years.

Parallel denial periods apply when a driver's license has not yet been issued.

A 120-day suspension may be eligible for early reinstatement following dismissal, qualifying charge reduction, or an impaired driving conviction where the reporting court notifies the Division that the defendant is participating in or has completed a DUI court program.

An ignition interlock election in lieu of suspension is available on a first 120-day suspension without a waiting period. On a two-year suspension, the election may be available after 90 days have been served, provided the underlying § 41-6a-502 charge was a misdemeanor.

Participation in a 24-7 sobriety program or qualifying problem-solving court may also provide reinstatement options. Judicial review generally requires a petition within 30 days after the Division issues its suspension order.

These reinstatement provisions do not override a commercial driver's license disqualification under § 53-3-414.

Reinstatement Fees

Current fees include a $40 driver's license reinstatement application fee, an additional $45 fee for an alcohol/drug-related offense, and a $262 administrative fee. The administrative fee increased from $255 in 2026.

Conviction-Based Suspension and Revocation Under § 41-6a-509

• Age 21 or older: 120-day suspension on a first conviction under § 41-6a-502 or § 76-5-102.1; two-year revocation with a qualifying prior when the current offense is within 10 years.
• Age 19 to under 21: suspension until age 21 or one year, whichever is longer, on a first conviction; revocation until age 21 or two years, whichever is longer, with a qualifying prior within 10 years.
• Under age 19: suspension until age 21 on a first conviction and revocation until age 21 when there is a qualifying prior within 10 years.

Parallel denial provisions apply to individuals who have not been issued a license. Days previously suspended under § 53-3-223 or § 53-3-231 for the same occurrence are generally credited against the conviction-based period.

A court may order an additional suspension of 90 days, 120 days, 180 days, one year, or two years when necessary to remove safety hazards from Utah highways.

Utah law also provides mechanisms for shortening certain suspension periods based on age, completion of screening, assessment, treatment or educational requirements, participation in a 24-7 sobriety program, participation in a qualifying problem-solving court, or installation of an ignition interlock when statutory requirements are met.

Failure to complete court-ordered requirements may trigger an additional Division suspension of 120 days for a first offense or two years for a second or subsequent offense, without credit for time previously served on the same occurrence.

Under 21 Not-a-Drop Law Under § 53-3-231

A person younger than 21 may not operate or be in actual physical control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol concentration.

A first offense may result in denial or suspension for at least six months. A second or subsequent qualifying violation within 10 years may result in denial or suspension until age 21 or for two years, whichever is longer.

Under the 2026 amendments, the administrative action begins on the 60th day after arrest rather than the 45th day. A hearing request must be submitted within 10 calendar days, and the hearing must be provided within 45 days after arrest rather than the previous 29-day period.

Commercial Drivers

A commercial driver's license holder may not operate a commercial motor vehicle with a blood alcohol concentration of .04 grams or greater or while impaired to a degree rendering the driver incapable of safely operating the vehicle. § 53-3-418(1).

A first qualifying conviction for DUI, driving a commercial motor vehicle at .04 or greater, leaving the scene, refusal, or using a vehicle in the commission of a felony generally results in at least a one-year CDL disqualification. The period is three years if the driver was transporting placarded hazardous materials.

Two or more qualifying offenses arising from separate incidents may result in lifetime disqualification, subject to limited statutory reinstatement provisions after 10 years and completion of an approved rehabilitation program.

Administrative action under § 53-3-223 arising from a § 41-6a-502 arrest can also result in a one-year CDL disqualification, or three years when hazardous materials are involved.

A plea held in abeyance to a CDL-disqualifying offense is treated as a conviction for disqualification purposes and remains on the relevant record for 10 years even if the charge is later reduced, dismissed, or expunged.

Early reinstatement provisions available elsewhere in Utah's DUI laws do not apply to CDL disqualifications.

Related DUI Offenses

Negligently Operating a Vehicle Resulting in Injury Under § 76-5-102.1

This offense was enacted in 2022 to replace the former bodily-injury enhancements contained in Utah's DUI statute.

An actor may commit the offense by negligently operating a vehicle and causing bodily injury while:

• At a blood or breath alcohol concentration of .05 or greater;
• Under the influence to a degree rendering the actor incapable of safe operation;
• At .05 or greater at the time of operation; or
• Criminally negligently operating the vehicle and causing bodily injury with any measurable amount of a controlled substance in the body.

The offense is generally a class A misdemeanor. It may become a third degree felony based on qualifying prior DUI-related convictions, specified prior felony convictions, or serious bodily injury.

A separate offense applies to each victim, even when multiple injuries arise from the same episode of driving.

Exceptions to the controlled-substance prong include qualifying prescriptions or practitioner administration, 11-nor-9-carboxy-tetrahydrocannabinol, and participation in authorized medical research.

A sentencing judge may not impose a lesser sentence than § 41-6a-505 would otherwise require based on the defendant's history. A plea may not be held in abeyance, and interdicted-person designation is mandatory.

Automobile Homicide Under § 76-5-207

An actor may commit automobile homicide by operating a vehicle in a negligent or criminally negligent manner and causing the death of another while:

• At a blood or breath alcohol concentration of .05 or greater;
• Under the influence to a degree rendering the actor incapable of safe operation;
• At .05 or greater at the time of operation; or
• Criminally negligently operating the vehicle and causing death while any measurable amount of a controlled substance is present in the body.

Automobile homicide is a second degree felony punishable by imprisonment for not less than five nor more than 15 years. A separate offense applies to each victim who dies, regardless of whether the deaths arise from the same episode of driving.

Prescription, carboxy-THC, and authorized-medical-research exceptions apply to the controlled-substance prong.

Alcohol Restricted Driver Under § 41-6a-530

Alcohol restricted driver status is separate from ignition interlock restriction. ARD status prohibits operating a vehicle with any measurable or detectable alcohol in the driver's body during the applicable restriction period.

Restriction periods may run for two, three, five, or ten years depending on the predicate offense and the individual's driving history. ARD status does not attach when the per se basis for the offense involves only a drug or metabolite.

Evidence and Chemical Testing

Standards and Admissibility Under § 41-6a-515

The Utah Commissioner of Public Safety establishes standards for the administration and interpretation of chemical breath or oral-fluid analysis, including training standards.

Documents offered to establish that an analysis was performed and that the testing instrument was accurate may be admitted when the judge finds that they were prepared in the regular course of the investigation at or near the time of the act and that the source, method, and circumstances of preparation indicate trustworthiness.

When the statutory standards and conditions are satisfied, a presumption of validity attaches and further foundation is unnecessary.

Chemical Test Results Under § 41-6a-516

Chemical test results authorized under § 41-6a-520 are admissible. In a criminal proceeding, noncompliance with § 41-6a-520 does not automatically make the test results inadmissible. Evidence of blood or breath alcohol or drug content remains admissible unless prohibited by the Utah Rules of Evidence or the Constitution.

Field Sobriety Testing Under § 41-6a-515.6

Each law enforcement agency must ensure that its peace officers receive training on the current National Highway Traffic Safety Administration standardized field sobriety testing guidelines in accordance with § 53-25-102.

Warrantless DUI Arrest Under § 41-6a-508

A peace officer may make a warrantless arrest based on probable cause even if the suspected DUI violation did not occur in the officer's presence.

Fatal Crash Investigations

Under § 41-6a-520(7), when an officer investigating a fatal crash believes there is insufficient probable cause to obtain a warrant, the officer must review the facts with a senior officer to confirm that impairment is not suspected and probable cause does not exist.

Sobriety Checkpoints

Sobriety checkpoints are authorized by Utah statute under Title 77, Chapter 23, Part 1 and require magistrate authorization. See State v. Sims, 808 P.2d 141 (Utah 1991).

Avoiding a sobriety checkpoint does not, standing alone, justify a traffic stop. See State v. Talbot, 792 P.2d 489 (Utah Ct. App. 1990).

DUI Reporting Systems Under § 41-6a-532

Section 41-6a-532 was enacted in 2026. A vendor providing an electronic DUI reporting system to a Utah law enforcement agency must ensure that the system can be updated to conform to statutory changes and must implement conforming updates no later than the effective date of the statutory change.

Selected Utah DUI Law Changes From 2023 Through 2026

Change	Authority
§ 41-6a-503 repealed; DUI offense classification moved into § 41-6a-502(2)	H.B. 369 (2023), ch. 415
Wrong-way driving added as a class A trigger; separate offense per child passenger; strict liability; no plea in abeyance	Laws of Utah 2024, ch. 197
"Extreme DUI" defined and § 41-6a-505 restructured around Extreme DUI tiers	Laws of Utah 2024, ch. 197
Interdicted-person designation and driver's license/ID identifier	H.B. 437 (2025), ch. 471 - effective January 1, 2026
Administrative hearing window changed from 29 to 45 days; suspension start moved from the 45th to the 60th day; § 41-6a-521 interlock election changed from three years to two years; Extreme DUI judgment notation added	H.B. 423 (2026), ch. 337
§ 41-6a-509 amended	Laws of Utah 2026, ch. 46
§§ 41-6a-501 and 41-6a-517 amended	Laws of Utah 2026, ch. 362
§ 41-6a-520 amended	Laws of Utah 2026, ch. 277

Utah DUI Resources

• Utah State Legislature - Utah Code Title 41, Chapter 6a, Part 5
• Utah State Courts
• Utah Uniform Fine Schedule - Appendix C
• Utah Public Health Laboratory - Toxicology
• Utah Driver License Division - DUI
• Utah Driver License Division - DUI Suspension Times
• Utah Driver License Division - Ignition Interlock
• Utah Driver License Division - Interdicted Person
• Utah Commission on Criminal and Juvenile Justice - DUI Statutory Overview and Annual DUI Reports

This page provides a general overview for attorneys and the public and is not legal advice. Utah's DUI statutes may change during each legislative session. Confirm the operative version and effective date of any statute at le.utah.gov before relying on a provision.