Utah DUI Penalties
Implied Consent Laws
Laws call for drivers supposed of driving under the influence to admit to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Refusal carries penalties that can include compulsory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In Utah, any driver with a blood-alcohol concentration - or BAC - above .08 percent is considered “per se intoxicated” under the law. Under this statute, this evidence is all that is needed for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” focus on drivers not of legal drinking age. In Utah, persons under the age of 21 operating a car with a .02 percent blood-alcohol level or above are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more harsh punishment for those convicted of DUI with a particularly high blood-alcohol content at the time of arrest; this is typically .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilised in Utah.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties obligatory on drivers with a blood-alcohol concentration above Utah’s maximum acceptable level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning temporary or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Utah, for the original DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The punishment of vehicle confiscation for DUI conviction – either enduringly or temporarily - is a possibility in some states, usually for repeat offenders. This is not a penalty option in Utah.
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Ignition Interlock
An ignition interlock device attaches to the convicted DUI offender’s motor vehicle and requires the driver to do a breath-test before the vehicle will start. While this penalty for DUI conviction is a prospect in some states, this is not an choice in Utah.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol teaching and prevention program, treatment for alcohol abuse, and appraisal of a person for possible alcohol or drug craving can be required for DUI offenders in Utah. These steps are often recommended instead of serving a sentence of incarceration or paying fines.
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