After a DUI arrest in Utah, the criminal case follows a structured path through the court system. Understanding that path — what each stage is, what decisions arise at each stage, and what is actually being decided — helps you engage meaningfully with your own defense rather than simply waiting for things to happen to you.
The Charge
A standard first-offense DUI in Utah — driving or being in actual physical control of a vehicle with a blood alcohol concentration of 0.05 or above, or while impaired to a degree that renders you incapable of safely operating the vehicle — is charged as a Class B misdemeanor under Utah Code § 41-6a-502. A Class B misdemeanor carries a potential sentence of up to 180 days in jail and a fine. For a first DUI, Utah Code § 41-6a-505 sets the statutory minimum fine at $700. With mandatory surcharges — including the 90% criminal surcharge under Utah Code § 51-9-401 and the security surcharge under Utah Code § 78A-2-601 — the total financial obligation in district court typically runs approximately $1,383 before any additional court-imposed amounts.
The charge becomes a Class A misdemeanor if there is a passenger under age 16 in the vehicle, or if the DUI causes property damage or injury. A third DUI offense within ten years is a third degree felony under § 41-6a-505(3).
Arraignment
Your first court appearance is the arraignment. You will be formally advised of the charge against you and asked to enter a plea — guilty, not guilty, or no contest. In virtually every case, the correct plea at arraignment is not guilty. Entering a not guilty plea does not preclude later negotiating a plea agreement or changing your plea. It preserves your options and gives your attorney time to review the evidence.
If you were not represented at the time of booking, hire an attorney before your arraignment if at all possible. If you cannot, enter a not guilty plea and request a continuance to retain counsel.
Discovery
After arraignment, your attorney requests discovery — the prosecution's evidence. In a DUI case, discovery typically includes the police report, body camera footage, dashcam footage, the officer's notes, the chemical test results and supporting records (breath instrument calibration logs, blood chain of custody documentation, laboratory reports), and any prior criminal history the prosecution intends to use. Discovery is where defenses are found. Problems with the stop, the arrest, the administration of tests, or the chemical testing process only become visible when the records are examined carefully.
Pretrial Motions
If there are legal problems with how the stop was made, how the arrest was conducted, or how evidence was gathered, your attorney may file pretrial motions. The most common in DUI cases is a motion to suppress evidence — arguing that the stop lacked reasonable suspicion, the arrest lacked probable cause, or the chemical test was obtained in violation of your rights. If evidence is suppressed, the prosecution's case weakens or disappears entirely. Suppression motions are litigated at pretrial hearings before the assigned judge.
Plea Negotiations
Most DUI cases in Utah resolve through a negotiated plea, not trial. Prosecutors have some discretion to offer reduced charges. The most common reduction from a DUI charge is to impaired driving under Utah Code § 41-6a-502.5. Impaired driving carries no mandatory minimum jail time, no mandatory license suspension, and no ignition interlock requirement — though courts retain sentencing discretion. Whether a reduction is available depends on the strength of the evidence, the facts of the arrest, your prior record, and the specific prosecuting office's policies.
Not every DUI case should be pled out. If the stop was unlawful, the chemical test was administered improperly, or the evidence is otherwise weak, going to trial may produce a better outcome than any available plea offer. That assessment requires an attorney who has actually reviewed all of the evidence in your specific case.
Trial
If no acceptable plea is reached, the case proceeds to trial. A Class B misdemeanor DUI is tried before a jury of four (in justice court) or before the district court. The prosecution must prove each element of the offense beyond a reasonable doubt. Common defense themes at DUI trials include the validity of the stop, the reliability of field sobriety test results, the accuracy of the chemical testing instrument, the officer's qualifications and compliance with testing protocols, and, where BAC is close to the legal limit, the margin of error in the test result.
Sentencing
For a first-offense Class B misdemeanor DUI, Utah Code § 41-6a-505 mandates a minimum of 48 hours in jail (which can be served in some cases as home confinement or through a work release program), a minimum fine of $700 before surcharges, mandatory alcohol education or assessment, and a license suspension. Actual sentences vary significantly based on the judge, the facts, your prior record, and how the case was resolved — plea or trial verdict.
The DUI conviction also triggers the mandatory ignition interlock requirement as a condition of license reinstatement. The interlock period depends on whether it is a first or subsequent offense.
A DUI Conviction Is Permanent
A DUI conviction in Utah cannot be expunged. Under Utah Code § 77-40a-102, DUI offenses are specifically excluded from expungement eligibility. This makes the outcome of your case more consequential than a typical misdemeanor. A reduction to impaired driving (§ 41-6a-502.5), if achievable, may be expungeable after the required waiting period. This distinction matters for employment, professional licensing, and background checks for the rest of your life.
What Your Attorney Is Doing
A DUI defense attorney is not simply waiting with you for the process to unfold. From the moment of retention, the attorney is evaluating the lawfulness of the stop and arrest, investigating the chemical test evidence, identifying suppression issues, tracking your DLD hearing, negotiating with the prosecution, and preparing for trial if no acceptable resolution is available. Early retention matters because evidence preservation — including dashcam footage that may be overwritten — is time-sensitive.
Facing DUI Charges in Utah?
Jim Tily defends DUI cases throughout Utah, from the DLD hearing through trial. Free consultations. Call now.
(801) 641-0883 Send a MessageThis article is for general informational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. Contact an attorney to discuss your specific situation.