Utah has one of the most comprehensive DUI statutory frameworks in the country, with multiple offense types carrying distinct consequences. This reference covers every category of DUI-related charge under Utah law — from the standard DUI to automobile homicide — with the applicable statute, offense level, minimum penalties, and license consequences for each.
Note on fines: Fines shown are the statutory minimums under Utah Code § 41-6a-505. Mandatory surcharges — including the 90% criminal surcharge under § 51-9-401 and the security surcharge under § 78A-2-601 — add significantly to the total financial obligation. A $700 statutory minimum results in approximately $1,383 total in district court before any discretionary amounts.
The Penalty Chart
| Offense | Level | Jail | Fine (statutory min.) | License | Statute |
|---|---|---|---|---|---|
| Standard DUI — 1st Offense0.05+ BAC or driving impaired | Class B Misd. | 48 hrs minimum (or 24 hrs + 48 hrs community service) | $700 | 120-day suspension | § 41-6a-502; § 41-6a-505(2) |
| Standard DUI — 2nd OffenseWithin 10 years of prior DUI | Class A Misd. | 240 hrs (10 days) minimum | $700 | 2-year suspension | § 41-6a-502; § 41-6a-505(2) |
| DUI — 3rd Offense (Felony DUI)Third or subsequent within 10 years | 3rd Degree Felony | 1,500 hrs (62.5 days) minimum; up to 5 years prison | $700 | 2-year suspension | § 41-6a-502; § 41-6a-505(3) |
| DUI with Minor PassengerPassenger under age 16 in vehicle | Class A Misd. | Same as underlying DUI offense level | $700 | Same as underlying offense | § 41-6a-502; § 41-6a-505(2)(b) |
| DUI Causing Injury or Property Damage1st offense with bodily injury or property damage | Class A Misd. | 48 hrs minimum | $700 | 120-day suspension | § 41-6a-502; § 41-6a-505(2)(b) |
| Impaired DrivingReduced plea — ability to drive impaired to any degree | Class B Misd. | No mandatory minimum | No mandatory minimum | No mandatory suspension | § 41-6a-502.5 |
| Metabolite DUI — 1st OffenseAny measurable controlled substance or metabolite; no impairment required | Class B Misd. | No mandatory minimum | No separate statutory minimum in § 41-6a-517 | License action may apply | § 41-6a-517 |
| Under-21 DUI (Zero Tolerance)Any detectable alcohol — drivers under 21 | Class B Misd. | Varies | Varies | Suspension; zero tolerance standard | § 53-3-231; § 41-6a-502 |
| Automobile Homicide — Negligent MannerDeath caused while DUI; simple negligence | 3rd Degree Felony | 0–5 years prison | Court discretion | Revocation | § 76-5-207(2)(a) |
| Automobile Homicide — Criminally Negligent MannerDeath caused while DUI; criminal negligence | 2nd Degree Felony | 1–15 years prison | Court discretion | Revocation | § 76-5-207(2)(b) |
Key Distinctions Explained
Standard DUI vs. Impaired Driving
A standard DUI under § 41-6a-502 requires proof that the driver had a BAC of 0.05 or above, or that the driver was impaired to the degree that they could not safely operate the vehicle. Impaired driving under § 41-6a-502.5 is a lesser offense that captures driving impaired to any degree — meaning even slight impairment is sufficient. Impaired driving is commonly offered as a plea reduction. It carries no mandatory minimum jail, no mandatory minimum fine, and no mandatory license suspension, though courts retain discretion on all of these.
Metabolite DUI
Utah Code § 41-6a-517 creates an offense for operating a vehicle with any measurable controlled substance or metabolite in the body. No impairment is required. A person can be charged under this statute days or weeks after last using a substance, simply because the metabolite remains detectable. The statute applies to prescription medications as well as illegal drugs. This is one of the more aggressive provisions in Utah's DUI framework and is worth challenging on the specific facts of each case.
Automobile Homicide
Utah Code § 76-5-207 creates two tiers of automobile homicide based on the defendant's mental state. The lower tier — operating a vehicle in a negligent manner while DUI, causing death — is a third degree felony carrying zero to five years in prison. The higher tier — operating in a criminally negligent manner while DUI, causing death — is a second degree felony carrying one to fifteen years. The distinction between simple negligence and criminal negligence is a significant issue in these cases and requires careful attention at trial.
The Expungement Bar
A DUI conviction — including a conviction for the metabolite offense under § 41-6a-517 — is not expungeable in Utah. Utah Code § 77-40a-102 specifically excludes DUI offenses from expungement eligibility. An impaired driving conviction under § 41-6a-502.5 may be expungeable after the applicable waiting period. This distinction is one of the most consequential differences between a DUI conviction and a reduced plea, and it matters for employment, professional licensing, and housing for the rest of your life.
Commercial Driver License holders face separate federal consequences. Under Utah Code § 53-3-414, a first DUI offense — even in a personal vehicle — results in a one-year CDL disqualification. A second offense results in lifetime disqualification. No other DUI consequence is as professionally devastating for CDL holders.
Charged with DUI in Utah? Know Your Options.
Jim Tily handles DUI defense across Utah. Free consultation. The difference between a DUI conviction and a reduction matters for the rest of your life.
(801) 641-0883 Send a MessageThis article is for general informational purposes only and does not constitute legal advice. Penalty information reflects statutory minimums; courts impose additional amounts. Laws change and individual circumstances vary. Contact an attorney to discuss your specific situation.