A first DUI in Utah is a Class B misdemeanor carrying a minimum 48 hours of jail time, fines of at least $1,310, a 120-day driver license suspension, mandatory ignition interlock for 18 months, and required substance abuse screening. These penalties apply under Utah Code 41-6a-503 and cannot be avoided by pleading to a lesser charge in most cases.
Last updated: July 2026
Key Takeaways
- A first DUI is a Class B misdemeanor with up to 6 months in jail, but the statutory minimum is 48 hours.
- Total fines and surcharges exceed $1,310, with additional court costs and assessment fees.
- License suspension lasts 120 days, but a restricted permit may be available after 30 days with IID installation.
- Mandatory ignition interlock device (IID) is required for 18 months, even on first offense.
- Substance abuse screening and possible education or treatment are mandatory under Utah law.
Being charged with a first DUI in Utah is a serious matter. While it is a first offense, the state’s strict DUI laws mean you face mandatory minimum penalties that cannot be waived. Understanding exactly what is at stake can help you prepare and work effectively with your defense attorney.
Utah Code 41-6a-502 defines the offense of driving under the influence. A first violation is classified as a Class B misdemeanor under Utah Code 41-6a-503. This puts it in the same category as other midsized offenses, but the collateral consequences — license suspension, interlock requirements, and insurance hikes — often impact daily life more than the criminal sentence itself.
Source: NHTSA
A unique aspect of Utah DUI law is that there is no “wet reckless” or reduced DUI plea available in most Utah courts. This means a first-time offender cannot simply plead to a lesser charge to avoid the mandatory minimums. The Utah Legislature has eliminated most forms of plea reduction in DUI cases, so the penalties associated with a standard DUI conviction apply in nearly every case.
What Are the Criminal Penalties for a First DUI in Utah?
The criminal penalties for a first DUI are set by statute and include both jail time and fines that the court must impose. Judges have limited discretion to go below the minimums.
Under Utah Code 41-6a-503(1), a first DUI conviction carries:
- Jail: Minimum 48 hours (2 days), maximum 6 months
- Fine: Minimum $700, maximum $1,000, plus surcharges
- Probation: Up to 18 months, often with conditions
- Substance abuse screening and completion of recommended treatment
The 48-hour jail minimum is mandatory. The court cannot suspend this requirement unless you agree to complete a court-approved substance abuse treatment program, in which case the program may substitute for the jail time but only if the court finds it appropriate. Most courts still impose at least 48 hours in custody.
| Penalty | Minimum | Maximum |
|---|---|---|
| Jail | 48 hours (2 days) | 6 months |
| Fine | $700 | $1,000 |
| Surcharges & fees | $610 (est.) | $1,000+ |
| License suspension | 120 days | 120 days |
| IID requirement | 18 months | 18 months |
| Probation | 12 months | 18 months |
How Much Will a First DUI Cost in Fines and Fees?
The total financial impact of a first DUI goes well beyond the base fine listed in the statute. When surcharges, court fees, and mandatory assessments are added, the real cost is substantially higher.
The base fine for a first DUI is $700 under Utah Code 41-6a-503. However, Utah law adds a 35 percent surcharge on all criminal fines under Utah Code 51-9-301, which brings the total to $945. Additional court fees typically range from $150 to $300. The state also imposes a $115 DUI assessment fee under Utah Code 51-9-303. These bring the minimum total to approximately $1,310.
On top of the court-imposed costs, you will pay for:
- Ignition interlock installation and monthly monitoring: $70-$150 per month for 18 months
- DUI school and substance abuse treatment: $300-$600
- License reinstatement fee to the DLD: $275-$325
- Increased auto insurance premiums: Often 2-3x for 3-5 years
Total out-of-pocket costs for a first DUI in Utah typically range from $3,000 to $8,000 when all expenses are counted.
What Happens to My License After a First DUI?
Your Utah driver license will be suspended administratively and criminally. The two suspensions run concurrently in most cases but the process to trigger them differs.
The administrative suspension happens automatically if you test at or above 0.05 BAC or refuse testing. The Utah Driver License Division (DLD) will issue a 120-day suspension. You have only 10 days from the date of arrest to request a DLD hearing. If you fail to request a hearing within 10 days, your license suspension begins automatically after 29 days. You can find the hearing request process on the Utah DLD DUI page.
After 30 days of the suspension, you may qualify for a restricted license that allows driving for work, school, medical appointments, and substance abuse treatment. To get a restricted license, you must:
- Install an ignition interlock device on your vehicle
- File an SR-22 certificate of financial responsibility
- Pay the reinstatement fee
- Complete the required substance abuse screening
If you refuse chemical testing under Utah’s implied consent law (Utah Code 41-6a-520), the administrative suspension is longer — 18 months for a refusal even on a first offense.
What Is the Ignition Interlock Requirement for First DUI?
Utah Code 41-6a-518 mandates ignition interlock for all DUI offenders, including first-time offenders. The requirement lasts 18 months, and you must install the device on any vehicle you drive.
An ignition interlock is a breathalyzer device connected to your vehicle’s ignition. You must provide a breath sample below a set threshold (usually 0.025 BAC) before the engine will start. Random rolling retests also occur while you drive.
The cost of the device is your responsibility. Monthly rental and monitoring fees typically run $70 to $150. Installation adds an initial fee of $50 to $100. You must also have the device calibrated and data downloaded every 30 to 60 days.
Attempting to bypass or tamper with the interlock device is a separate crime under Utah Code 41-6a-518(10) and can result in additional charges.
Is Substance Abuse Screening Mandatory for a First DUI?
Yes. Utah Code 41-6a-503 requires all DUI offenders to complete a substance abuse screening. The court will order the screening as part of your sentence, and you must pay for it out of pocket.
The screening evaluates your alcohol and drug use patterns to determine whether you need education, counseling, or more intensive treatment. Based on the screening results, the court may order:
- A DUI education class (typically 8-16 hours)
- Outpatient counseling sessions
- Intensive outpatient treatment
- Inpatient residential treatment in severe cases
Utah’s DUI education program is standardized. The Utah DLD maintains a list of approved providers. You cannot skip this step. The court will monitor your compliance, and failure to complete screening or recommended treatment can result in probation violation and additional jail time.
Will a First DUI Affect My Criminal Record?
A first DUI conviction stays on your criminal record permanently in Utah. There is no expungement available for DUI convictions in most cases. Utah Code 77-40-105 excludes DUI offenses from expungement eligibility under certain circumstances.
The conviction appears on background checks conducted by employers, landlords, and licensing boards. This can affect job applications, professional licenses, housing applications, and volunteer opportunities. Many employers are willing to consider a single DUI, especially if it is several years old, but the conviction remains visible.
Beyond the criminal record, the DUI also goes on your driving record maintained by the DLD. Insurance companies check this record when setting premiums. A DUI stays on your driving record for at least 3 to 5 years for insurance rating purposes, though the conviction itself is permanent.
What Is the Lookback Period for a First DUI?
Utah uses a 10-year lookback period for DUI sentencing. Under Utah Code 41-6a-503, if you have a prior DUI conviction within the last 10 years, your current offense is treated as a second or subsequent DUI with harsher penalties.
If your first DUI occurred more than 10 years ago, it does not count as a prior for purposes of enhanced penalties on a new charge. However, it still appears on your record and could affect judicial discretion in sentencing.
The 10-year lookback applies to prior DUI convictions, alcohol-related reckless driving convictions, and convictions from other states or federal courts that would constitute a DUI in Utah.
Frequently Asked Questions
Can I get a work license after a first DUI in Utah?
Yes. After 30 days of suspension, you may apply for a restricted license that allows driving for work, school, medical care, and substance abuse treatment. You must install an IID and file an SR-22 to qualify.
Is a first DUI a misdemeanor or felony in Utah?
A first DUI is a Class B misdemeanor. It becomes a felony only if the offense involves a death (automobile homicide) or serious bodily injury, or if the driver has three or more prior DUI convictions.
Do I have to go to jail for a first DUI in Utah?
Yes. The mandatory minimum is 48 hours in jail. The court can substitute treatment for jail time in some cases, but most first-time offenders serve at least 48 hours in custody.
Can I refuse a breath test on a first DUI in Utah?
You can refuse, but Utah’s implied consent law (Utah Code 41-6a-520) imposes an 18-month license suspension for refusal, even on a first offense. Refusal also results in an automatic 24-month license revocation upon a second refusal within 10 years.
How long does a first DUI stay on my criminal record?
A DUI conviction in Utah is permanent. Utah law generally prohibits expungement of DUI convictions, meaning they remain on your background check records indefinitely.
Does Utah have a 0.05 BAC limit for DUI?
Yes. Utah’s legal BAC limit is 0.05 percent, the lowest in the nation. You can be charged with DUI at 0.05 or higher, or at any level if your driving is impaired.
Can a first DUI be dismissed in Utah?
Dismissal is possible but rare. It typically requires a constitutional violation, such as an illegal traffic stop or lack of probable cause for arrest. An experienced DUI attorney can file motions to suppress evidence that may lead to dismissal.
Will my insurance go up after a first DUI?
Yes. Most insurers increase rates by 80 to 200 percent after a DUI conviction. You may also need to file an SR-22 certificate, which adds additional costs. Premium increases typically last 3 to 5 years.
Understanding the full scope of first DUI penalties in Utah is the first step toward building a strong defense. From the mandatory 48-hour jail minimum to the 18-month interlock requirement and the lifetime criminal record, the consequences are substantial. Working with an experienced Utah DUI attorney can make the difference between a standard conviction and a more favorable outcome through evidence challenges or alternative sentencing arrangements.
Related Resources
Facing DUI charges in Utah? Attorney Jeremy Eveland can help protect your rights and build your defense.
Call (801) 613-1472 to speak with Jeremy Eveland today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah criminal defense attorney for advice specific to your situation.
Comments are closed.